Skip to main content

Full text of "Report of the Select Committee Appointed by the Legislative Assembly of the Province of Ontario, to Study and Report Upon Problems of Delinquent Individuals and Custodial Questions and the Place of Reform Institutions Therein"

See other formats


I 





ONTARIO 



REPORT 



of the 



SELECT COMMITTEE APPOINTED BY THE LEGISLATIVE 
ASSEMBLY OF THE PROVINCE OF ONTARIO, TO STUDY 
AND REPORT UPON PROBLEMS OF DELINQUENT INDIVI- 
DUALS AND CUSTODIAL QUESTIONS, AND THE PLACE 



OF REFORM INSTITUTIONS THEREIN. 



Mr. W. J. Stewart, C.B.E., Chairman, 

Presiding. 
Mr. Bruce Byrnes, Secretary. 



GV> 



Monday, March 8th, 1954. 
Toronto, Ontario. 






Official Reporter, 

Parliament Buildings, 
Toronto, Ontario. 



J1S8S.1 



To the Honourable The Legislative Assembly 
of the Province of Ontario. 



Honourable Members: 




On April 1st, 1953, during the Third Session of 
the Twenty-fourth Legislature, an amended motion of 
Mr. Nixon, seconded by Mr. Oliver, was put and was declared 
to be carried, as follows: 

"That a Select Committee of the House be appointed 
to study the problems of the reformation of delinquent 
individuals and all phases of custodial questions and the 
place therein of Provincial Reform Institutions, and to make 
such report and recommendations as the committee may regard 
as justified as a result of its deliberations. 

"And that the Select Committee have authority to 
sit during the interval between Sessions and have full power 
and authority to call for persons, papers and things and to 
examine witnesses under oath, and the Assembly doth command 
and compel attendance before the said Select Committee of 
such persons and the production of such papers and things as 
the Committee may deem necessary for any of its proceedings 
and deliberations, for which purpose the Honourable the 
Speaker may issue his warrant or warrants. 

"Said Committee to consist of eleven members and 
to be composed as follows: - 

Messrs. Stewart (Chairman), Downer, Nickle, 
Leavine, Pryde, Morrow, Dempsey, Johnston (Parry Sound), 
Oliver, Manley and Grummett." 



(signed) W. J. Stewart, Chairman 



(signed) J. S. Dempsey 



(signed) A. W. Downer 



(signed) W. J. Grummett 



(signed) A. Johnston 



(signed) S. F. Leavine 



(signed) P. Manley 



(signed) D. H. Morrow 



(signed) W. M. Nickle 



(signed) F. R. Oliver 



(signed) T. Pryde 



Dated at Toronto, March 5,1954. 



N 



D E 



of the 

REPORT OF THE SELECT COMMITTEE APPOINTED TO EN- 
QUIRE INTO CUSTODIAL MATTERS IN THE PROVINCE OF 
ONTARIO, AND THE PLACE OF REFORM INSTITUTIONS 
THEREIN. 



Pages: 
AppreciatieHa ( i ) 

Foreword ( ii ) 

Custodial Institutions (vii) 



CHAPTER I. 



THE PROBLEM 1 

Protection of Society 1 

The Status Quo 3 

People who commit crime # 9 

People who pay penalties 14 

Future prospects 17 

Keys pf Reformation , , 22 

Fully-informed Courts.., 30 

Probation and Parole.... 30 
Institutional program... 
Actively-interested so- 
ciety. . 



30, 
31 



RECOMMENDATIONS 34. 



CHAPTER II. 



-A- 
ADMINISTRATION AND PERSONNEL. 

Federal and Provincial jurisdic- 
tions. 35. 



< 



INDEX (2) 

Pages, 



Divisions of responsibility. . ,, • 36 

Divided control over inmates... . 40, 

Consecutive sentences • 42. 

Habitual Criminals e ...«..>* • 42, 

Longer indefinite sentences - 

advisability of.,,,., 44« 

Mental illness and insanity,.,,, 44. 

Time off for good behaviour 44. 

Expunging of records. , a ....... # 45. 

Central place of executions.,.., 45, 
Detention of persons awaiting 

deportation,, 46, 

Riotous conduct in Institutions , 46, 

Drug peddlers , 47' 

RECOMMENDATIONS 47 . 



-B- 

THE DEPARTMENT OF REFORM INSTITUTIONS. 

General 49 

Costs and Revenue 49 , 

The Bill 49 . 

The Accounting System........... 53. 

Perquisites 56, 

RECOMMENDATIONS 57. 



HEAD OFFICE. 

General 5# 

Director of Rehabilitation 60 

Executive Assistant to Deputy 

Minister, .... , 60. 

Chief Psychologist 60. 

Farms' Administrator 61, 

The Statistician 62. 

The Dietician r * • 63 , 

Supervisor of Construction 64. 

Chief Purchasing Officer, , 65. 

Office Manager c 65, 

Chief Accountant ..,.,.. 65 , 

Chief Inspector „ ... „ 65. 

Chief Probation and Rehabilita- 
tion Officer... 60, 



GENERAL POLICIES. 



Nomenclature 67 . 

Transfer of prisoners 63, 

Food "0. 

Clothing 73 • 

Inspectors ?6# 



INDEX (3). 



PERSONNEL IN INSTITUTIONS. 

Pages, 



General £0 . 

Senior Personnel • #4. 

Professional Personnel 6*5 • 

Guards 91 . 

Staff Training 97. 

Staff Housing 93. 

Industrial Farms 102, 

RECOMMENDATIONS 106. 



CHAPTER III. 



CUSTODIAL PROPERTIES. 

(1) Investment and general considera- 

tions!., 119. 

Divided control • 113 • 

Segregation 114. 

Temporary structures 116. 

Fire Hazards 116, 

(2) Reformatories and Industrial 

Farms... 120. 

Ontario Reformatory - Guelph,, 120. 

Industrial Farm - Burwash 123. 

" " - Monteith..,. 126*. 

" " - Burtch 129. 

" " - Burrits 

Rapids.,., 131. 

Ontario Reformatory- Brampton. 133. 

" » -Mimico.... 135. 
Andrew Mercer Reformatory - 

Toronto 139. 

(3) Training Schools..... HI. 

For girls - Gait 141. 

w boys - Bovmanville 142. 

" " - Cobourg 143. 

" " - Guelph 145. 

" girls - Toronto 145 

Roman Catholic 146. 



(4) Jails 147. 

General 147 . 

RECOMMENDATIONS 151 . 

General 151. 

Reformatories and Industrial 

Farms 152. 

Training Schools 154. 

Jails...... 155. 



INDEX (4) 

CHAPTER IV. 

JAILS. Pages, 

(A) Existing System 156. 

General 156. 

Multiplicity of Control..... 158. 
Accommodation in relation to 

need. 162. 

Idleness 169. 

Segregation.. 170. 

Security 172. 

Other facilities 175. 

Staff problems 177. 

Regulations 179. 

(B) Specific Jails 181. 

Don - Toronte 182. 

Barton Street - Hamilton 184. 

Middlesex County - London... 185. 

Carleton County - Ottawa.... 186. 

Essex County - Windsor 186, 

United Counties - Cornwall.. 187. 

Brant County - Brantford. . . . 187 

Ontario County - Whitby 188. 

Simcoe County - Barrie 189. 

Welland County - Welland.... 189. 
Lincoln bounty - St. Cather «. 

ines.. 19©. 

Hastings County - Belleville 196. 

192. 
Frontenac County - Kingston. 191. 
Waterloo County - Kitchener. 191. 
Victoria County - Lindsay... 192. 
Peterborough County - Peter- 
borough.... 193. 

Kent County - Chatham. 193. 

Sudbury District Jail.. Sud- 
bury. 194. 
Nipissing District - North 

Bay... 194. 

Kenora District 194. 

Thunder Bay District - Port 

Arthur.. 195. 

RECOMMENDATIONS 196. 



CHAPTER V. 



MENTAL CASES. 198. 

(1) Jails used as mental hospitals- 198*. 

(2) Existing practices..... 199*. 

RECOMMENDATIONS 205 . 



< 






INDEX (5). 



CHAPTER VI, 



THE CUSTODY AND REFORMATION 
OF INMATES 

(1) General Aims and Practices ... 206 # 

(2) RECEPTION CENTRE 209. 

Existing Facilities 209. 

Value of 211, 

RECOMMENDATIONS 222 

( 3 ) SEGREGATION 223 . 

RECOMMENDATIONS 226 . 

(4) DORMITORIES 227. 

RECOMMENDATIONS 228. 

(5) IDLENESS 230. 

RECOMMENDATIONS 234. 



^ » 



(6) PRODUCTIVE OPERATIONS 235 

General 235. 

Industries 237 . 

Farming Operations 247. 

General 247 . 

Soils 248. 

Farm Administration 249. 

Dairying 250. 

RECOMMENDATIONS 251 . 

(7) SPIRITUAL GUIDANCE 252. 

General 252. 

RECOMMENDATIONS 25$. 

(8) MEDICAL CARE 259. 

General 259. 

RECOMMENDATIONS 263 . 

(9) EDUCATION 264. 

General 264 . 

Academic 265 . 

Training Schools 265. 

Reformatories and 

Industrial Farms 266. 

Illiterates 267. 

Evaluation 268 . 



INDEX (6) 



VOCATIONAL TRAINING 268 . 

Training Schools 268. 

Reformatories 269. 

Hobbies 270. 

Libraries 270. 

Recreational 272. 

General 272. 

Training 272. 

Films and Concerts 273. 

Gradual Improvement in 274. 

RECOMMENDATIONS 274. 

(10) DISCIPLINE 275. 

General 275. 

Proper Nature 275. 

Corporal Punishment 277. 

409. 

RECOMMENDATIONS 281. 

(11) SECURITY 282. 

General 282. 

Contraband 282 . 

Guelph Riot - 1952 28}. 

RECOMMENDATIONS 286. 

(12) FEMALE OFFENDERS 287. 

General 287. 

Custody 28?. 

Special Services 288. 

Probation, Parole 

and After-Care 289. 

RECOMMENDATIONS 2°0. 

(13) ALCOHOLICS 291. 

General 291 . 

Alex. G. Brown Memorial 

Clinic, Mimico 294. 

Alcoholics Anonymous 300. 

Analysis "00. 

RECOMMENDATIONS ;06. 

(14) NARCOTICS ADDICTS 307. 

RECOMMENDATIONS 308 . 

(15) SEX DEVIATES 309. 

Age-old Problem ;09. 

Present Situation 310. 

A new approach 314. 

recOxMmendations 319, 



INDEX (7) 



CHAPTER VII: 



PROBATION, PAROLE AND AFTER CARE, 



Pages-. 
320. 



(1) Reformation - Outside Institutions 320, 

(2) Probation and pre-sentence reports. •• ... 323. 

Evaluation 323* 

Organization and procedure. 327« 

Extent 329. 

Costs 331. 

( 3 )- Parole 335 . 

Establishment 335. 

Operation 337. 

Evaluation 341. 

Advisory Board 347* 

AFTER CARE 349* 

Second punishment 349 * 

R91e of Probation and Rehabilita- 
tion Officers 351. 

Role of private agencies 355. 

Role of community , 356. 

Need for expansion of 359 • 



ANALYSIS. 363. 

RECOMMENDATIONS 366. 



CHAPTER VIII 



FIRST OFFENDERS 370. 

General 370 

RECOMMENDATIONS 374. 



CHAPTER IX: 



RECIDIVISTS AND HABITUAL CRIMINALS . .. . 375, 

General . 375* 

Derelicts . 3 #4. 

Criminal Psychopaths 3#6. 

RECOMMENDATIONS 3^7. 



INDEX (3) 



CHAPTER X: 



Pages 

JUVENILES AND ADOLESCENTS. 339. 

General 339. 

Causes and corrections 391* 

Media of communications , . 397* 

Ontario Training Schools,., 399. 

General philosophy 399. 

Costs 402, 

Releases 403. 

Analysis 405* 

RECOMMENDATIONS 407 . 



CHAPTER XI: 



CORPORAL PUNISHMENT 409 . 



CHAPTER XII 



CHAPTER XIII: 



THE COURTS, 415. 

Inequality of sentences 417. 

Instalment payment of f ines, •••••.. • 413, 

Night and special courts, •••• •• 419. 



SUMMARY 420 , 

General 420, 

Administrative personnel 423 . 

Guards 423 , 

Counsellors 423 ■ 

Rehabilitation and Parole., 424. 

Parole Board 425 , 

After-care 42; , 

Physical care. • • 426, 

Spiritual care 42o, 

Disciplinary control,.... 42 r ", 

Recidivists, 42", 

Sex deviates and perverts,.....,.,,, 42?, 

Segregation. , 42? « 

Training Schools ♦,,,,. 423, 

Custodial institutions...,,,,,.,,,,, 428, 

Probation 42°, 



INDEX (S)« 

Pages. 

Reception Diagnostic Disposal 

Centre 429. 

Commission ©f Corrections. ••••••• • 429. 

Department of Reform Institutions. 430, 

RECOMMENDATIONS 435 . 



ADMINISTRATION AND PERSONNEL. ... 435. 

Industrial farms 439. 

Custodial properties. 439. 

Jails 442. 

Mental cases 444. 

Reception centre. 445. 

Segregation 445. 

Dormatories , 446. 

Idleness 446. 

Productive operations 446. 

Spiritual guidance .„ 447 . 

Medical care 447. 

Education 447. 

Discipline 44#. 

Security. 445. 

Female offenders 448. 

Alcoholics 44#. 

Sex deviates 449. 

Probation, Parole and After-care.. 450. 

First offenders 453 • 

Recidivists and Habitual Criminals453 • 
Juveniles and adolescents 454. 



APP ENDICES. 

"A" Ratio ©f commitments per l,0i0 population, 
Ontario, 1913 - 1952. 



fT B" Costs of incarceration in Ontario, fr>r 
the year ended March 31, 1953. 



"C" Operating Costs nf Institutions, 1952- 
1953 and brrak-down thereof. 



M D tt Turn-over of Guards, April 1, 1946, - 
March 31, 1953. 



"E" Prisoners from outside points discharged 
from Sudbury District Jail - 
January - June, 1953. 



•1- 



AN APPRECIATION 

I wish to express appreciation to the 
Prime Minister of Ontario and the Legislature for the 
special honour which it has been my privilege to enjoy 
as Chairman of the Select Committee on Reform 
Institutions, and my gratitude to the excellent and 
able members, possessed of fine minds, who have so 
ably carried on the duties, the task and great 
responsibilities entrusted to the Committee enquiring 
into the treatment of persons who have offended 
against the law. The undivided attention, interest 
and studies, professional and skilled knowledge 
contributed by the members has necessitated a great 
sacrifice of time and disregard for their personal 
affairs. The amount of work done by the members, I 
am sure, cannot be fully realized. 

To the Committee I wish to pay a well-earned 
tribute for unselfish and unpartisan action and express 
my personal thanks for their confidence, co-operation, 
loyalty, tolerance and devotion to their duties. To 
my fellow members for whom I hold the highest regard 
both individually and collectively, I am indeed deeply 
grateful. 

W. J. STEWART 



(ii) 



FOREWORD 

This has been the first Ontario study of 
its kind since 1930 and the Committee was authorized 
by its Terms of Reference to make a broad and thorough 
investigation. The Committee has striven to carry 
out the investigation with the utmost fullness, fair- 
ness and objectivity. 

The Minister and senior officials of the 
Department of Reform Institutions were invited to attend 
meetings and add their counsel to the deliberations. 
The Minister and senior officials of the Department of 
the Attorney-General were consulted frequently. 

Hearings were held in Toronto and in various 
institutions in many parts of the province. All 
meetings were public with the exception of those at 
which inmates were interviewed and those at which this 
Report was compiled. 

The Committee interviewed the Minister and 
officials of the Department of Reform Institutions and 
the Minister and officials of the Department of the 
Attorney-General, together with experts in the fields 
of reformation and penology generally and municipal 



(iii) 



officials and other interested citirors. Jni.t 
were interviewed at each of the institutions visited. 
Briefs and reports were received concerning the multi- 
tudinous and divergent aspects of reformation and 
custody. All information so obtained was given care- 
ful consideration and was supplemented by inspection 
of institutions in Ontario and elsewhere. 

The first meeting was held April 20, 1953, in 
an office of the Department of Reform Institutions. To 
facilitate efficient study of the problems involved, 
members of the Committee undertook to give leadership 
in consideration of subjects as follows: farm adminis- 
tration, hogs, beef, and abattoirs, Mr. Oliver; dairying, 
Mr. Manley; lumbering, Mr. Dempsey; administration, seg- 
regation and matters pertaining to discipline, 
Mr. Grummett; commitments and sentences, Mr. Nickle; 
professional services, such as doctors, dentists and 
matters pertaining to diet, Dr. Leavine ; spiritual matters 
and release and reformation of prisoners, Mr. Downer; 
custodial care, including punitive aspects, Mr. Johnston; 
quarries, Mr. Pryde ; education and vocational training 
efforts, Mr. Morrow. 

Reformatories, industrial farms and jails were 
under the supervision of the Provincial Secretary prior 



(iv) 



to 1946, when the Department of Reform Institutions 
was brought into being by virt . :/' th3 '■ .fx'R 
Institutions Act, 1946". At that time, the officials 
of the new Department re-studied the most progressive 
and effective methods of reformation and rehabilitation 
of delinquent individuals in this and other prison 
jurisdictions. 

The Committee was advised of a plan of 
operation known as "The Ontario Plan," embodying the 
aims of the Department. Although officials differed 
on details of exactly what constituted the Ontario Plan, 
the Department supplied the following list of its 
principles : 

(1) Considerable extention of the classification 
of prisoners, with smaller institutions for 
special groups. 

(2) Replacement of the common jails by modern 
industrial farms. 

(3) Rapid expansion of the academic study programs 
in the reformatories and industrial farms to 
the effective limit. 

(4) Inauguration of formal vocational training 
and expansion of it to the effective limit in 
conjunction with the present industrial and 
other work. 

(5) Physical drill for all inmates likely to bene- 
fit by it, with an up-to-date recreation pro- 
gram, physical and mental, for all inmates. 

(6) Permanent employment of specialists to apply 
the best penological and scientific methods. 



(v) 



(7) Increased care in the selection of suitable 
officers and employees. Formal, as well as 
practical, training of guards, and special 
courses for other personnel as conditions 
require it. Selection of faculty to give 
the technical and formal training on a broad 
perspective. 

(6) Systematic and intensive efforts by very 

carefully selected personnel to rehabilitate 
ex-prisoners. 

The extent to which these principles are in 
operation is the subject of examination throughout this 
Report. 

In order to complete its investigation in the 
manner envisaged by the Terms of Reference, the Committee 
held a total of 153 meetings, heard 403 witnesses 
(including 69 inmates) and visited 50 institutions, 
including 39 in Ontario (all four reformatories, all 
four industrial farms, all eight Provincial and Roman 
Catholic training schools, 22 of 45 jails and one juvenile 
detention home); two in Quebec (Boys' Training School, 
Shawbridge, and Girls' Training School, St. Bruno); and 
eight in the United States (Wayne County Jail, Detroit; 
New York Reception Centre, Elmira; The Tombs, New York 
City; Walkill Prison, N.Y.; New Hurley Prison, Phila- 
delphia; Ohio State Penitentiary, Columbus; London Prison 
Farm, Madison County, 0.; and Mansfield Reformatory, 0.). 
In addition the Committee conferred in Ottawa with the 
Minister of Justice and the Minister of Health and Welfare 



(vi) 



on matters within its Terms of Reference, and one member 
conducted an examination of the British prison and 
reformative system, including interviews with senior 
officials and inspections of several institutions, while 
on a trip to Britain at his own e3:p9ense. 

The Committee has been aided substantially in 
its work by the whole-hearted co-operation of those called 
as witnesses, including a number of ex-inmates who 
volunteered to testify. Many public-spirited organiza- 
tions and persons gave testimony and displayed a keen 
interest in the Committee's task. 

The Department of Reform Institutions and the 
Department of the Attorney-General have provided invaluable 
assistance without which the Committee's duties would have 
been much more onerous. Both Departments, and particularly 
the Department of Reform Institutions, were called upon 
repeatedly for detailed data and they complied with these 
requests fully and promptly. Testimony of officials of 
the two Departments was a constant source of assistance. 

Throughout the deliberations , the Press and Radio 
provided excellent coverage of the type that kept the public 
informed, step by step, on the progress of this public 
investigation. 



(vii) 



CUSTODIAL INSTITUTIONS IN ONTARIO 

The Department of Reform Institutions has 
full or partial jurisdiction over four reformatories, 
three female refuges, 35 county jails, eight district 
jails, two city jails and eight training schools. 
They are as follows: 

1. Onatario Reformatory, Guelph. 

2. Ontario Reformatory, Brampton. 

3. Ontario Reformatory, Mimico. 

4. Andrew Mercer Reformatory for Women, Toronto. 

5. Industrial Farm, Burwash. 

6. Industrial Farm, Monteith. 

7. Rideau Industrial Farm, Burritt's Rapids. 

8. Burtch Industrial Farm, Brantford. 

9. Ontario Training School for Girls, Gait. 

10. Ontario Training School for Boys, Guelph. 

11. Ontario Training School for Girls, Toronto 

(Mercer Reformatory). 

12. Ontario Training School for Boys, Bowmanville. 

13. Ontario Training School for Boys, Cobourg. 

Private Training Schools - (Operated by Roman 

Catholic Orders) 

lk» St. Joseph's Training School for Boys, Alfred. 

15. St. John's Training School for Boys, Toronto. 

16. St. Mary's Training School for Girls, Downsview. 



(viii) 



Industrial Refuges 

17. The Good Shepherd Industrial Refuge, 

Minnow Lake, Sudbury. 

18. The Good Shepherd Industrial Refuge, 

14 West Lodge Avenue, Toronto. 

19. The Andrew Mercer Reformatory for Women, 

Toronto. 

20. County Jails -35 

21. City Jails - 2 Toronto (Don Jail) 

Hamilton 

22. District Jails - 8 Fort Frances 

Haileybury 
Kenora 
North Bay 
Parry Sound 
Port nrthur 
Sault Ste. Marie 
Sudbury. 



-1- 

REPORT 
of the 
SELECT COMMITTEE APPOINTED BY THE LEGISLATIVE ASSEMBLY 
OP THE PROVINCE OF ONTARIO, TO STUDY AND REPORT UPON 
PROBLEMS OF DELINQUENT INDIVIDUALS AND CUSTODIAL 
QUESTIONS, AND THE PLACE OF REFORM INSTITUTIONS THEREIN 



1. THE PROBLEM 



1 . The Protection of Society 

A basic aoncept of society is that action should 
be taken against those who break society's laws. The 
traditional purpose is twofold; to punish individuals 
for wrongdoing and to protect society against further 
wrongdoing. The methods of taking action against 
offenders have varied in different ages and different 
civilizations in reflection of society's nature and 
development . 

In the earliest days of organized living, the 
emphasis see>ms to have been on retribution, and con- 
sequently, on individual punishment, and the protection 
of society was a. secondary purpose that it was hoped 
, would stem from fulfillment of the first. The main 



-2- 



methods of punishment in the rough and rudimentary 
communities of the cave man were physical, such as 
f^-.. it j. 0:1 tiid yL.+ i.Oj.u fui'i..w of torture. "iue tl^o^'j 
was that fear of this sort of punishment would be 
effective in protecting society against criminal acts. 
Later, as society became more humane, the retributive 
aspect of punishment mellowed and drastic physical 
methods gradually were replaced by less extreme measures, 
such as detention in unpleasant surroundings against 
the offender's will. A major means of trying to induce 
reform, which was both stern and unrealistic, was to 
place the offender in solitary confinement in the hope 
that enforced solitude would bring constructive 
meditation and repentance. 

In the present century, there have been further 
modificiations . The aim of protecting society has 
taken precedence over the original basic aim of 
punishment. In Ontario, as in other jurisdictions, the 
accepted theories today are that punishment of the 
individual should be incidental to his reformation, 
since only by the reformation of large numbers of 
delinquent individuals can society be protected 
against recurrent breaches of the law by them; and 
that society should concentrate on positive encourage- 
ment of a law-abiding way of life rather than trying 
to deter crime mainly through fear of punishment. 



-3- 



2 . The Status Qup , 

The Committee is in accord with these theories, 
as theories, as long as they do not go to the extreme 
of trying to eliminate punishment aitogehter. The 
unfortunate truth about them in Ontario, however, is 
that they are being carried out only half way. Treatment 
of .offenders is humane, punishment has been reduced close 
to the practical minimum and fear of punishment has 
diminished as a deterrent; but the effective reformative 
program that should accompany these things is still in 
its infancy, and the interest and co-operation displayed 
by society as a whole are, by and large, ineffectual 
tokens. The result is a hiatus between theory and 
practice in which neither punishment is imposed nor 
reformation induced to any effective degree. 

To put the theory into effect, a system is 
required that has four solid cornerstones; 

1. Fully-informed courts, capable of imposing 
i sentence with regard to the character .of the, 

individual as well as the character of the orime. 
2* Facilities for proper supervision of those 

serving sentences or parts of sentences while 

at liberty, namely, those on probation and 

those on parole . . ' 
3. Careful segregation by institutions, aitng 



-4- 



with institutional programs that are capable 
of effective reformation of a high proportion 
of the inmates treated. 
4. A responsible, interested society anxious to 
stimulate good living and to help those who, 
having offended, realize the error of their 
ways and want to become good citizens. 

The Committee has found these cornerstones to 
be somewhat less than firm. In their present state 
they are not capable of supporting a reformative system 
that can give society the greatest possible protection. 
Detailed analyses and recommendations are made throughout 
this Report, but it would be well here to outline the 
inter-relation of these cornerstones as they function 
together in the system as a whole. 

The courts are not fully informed. Except in 
some of the larger centres, pre-sentence reports to the 
magistrates and judges still are the exception rather 
than the rule, although the Committee was pleased to 
note that their use is becoming more widespread as more 
probation officers are appointed. Without su«h reports, 
the courts are forced to impose sentence in a vacuum. 
They know the circumstances and character of the crime 
but they know little of the circumstances and character 
cf the individual who has committed the crime. Man^y 



-5- 



magistrates and judges make it a point to ascertain 
these things themselves before imposing sentence; many 
others cannot possibly find time to do so. The law 
allows discretion in the imposition of sentence for 
certain crimes according to the background, character 
and prospects of the convicted individual. This is as 
it should be, but there is bound to be a lack of con- 
sistency and a lack of maximum effectiveness as long as 
pre-sentence reports on all convicted persons, especially 
young first offenders, are not available to all courts in 
the Province. 

Facilities for proper supervision of those on 
probation and parole are improving. Probation seems 
to be well-organized and fairly effective, although it 
does not yet serve all parts of the Province. There has 
been growing awareness that reformation of some 
individuals can best be achieved through a probation 
sentence, involving close supervision while a person 
remains at liberty, rather than a sentence to an 
institution. Parole, which involves serving out the 
last part of a sentence at liberty and under supervision 
after discharge from an institution, is hampered by 
lack of leadership by the Board of Parole and consequently, 
it is not operating at maximum efficiency. There has 
been stress, however, on the importance of the work of 



-6- 



the parole Officers and the need to select competent 
persons to do the work. Yet it must be noted that 
both probation and parole officers often have so 
many cases to handle that they cannot carry out their 
duties with the individualized approach that is 
necessary. And, although the functions of these 
officers are so similar in many respects, not until 
last December does there appear to have been any real 
liaison between them. 

Programmes in institutions are generally 
inadequate. The Committee has examined them very 
carefully and the inescapable conclusion is that, with 
a few notable exceptions, Ontario's reform institutions 
are not living up to their name. The Department of 
Reform Institutions has admirable aims, as expressed 
in its "Ontario Plan", but realization of these aims 
has barely been started. Advances have been made in 
the treatment of promising young "ref ormables" at the 
Ontario Reformatory, Brampton, and the treatment of 
alcoholics at the Alex. G. Brown Memorial Clinic, 
Mimic o. The sound principles of establishing 
industrial farms and making institutions as "open"' 
as possible have been adopted. But the majority 
of persons sentenced to Ontario institutions receive 
while incarcerated no effective stimulus to reform. 



-7- 



If they are given short sentences, they go to jails 
and sit around in idleness. If they are given 
longer sentences, they goto reformatories or industrial 
farms where some work hard, some do not, and few 
receive effective training or counselling designed 
to steer them toward good, law-abiding citizenship. 
They are humanely treated, well fed and well clothed, 
but in the main, they are not reformed. In the 
first place, they are not given thorough and 
individual study to determine the causes of their 
anti-social behaviour and the types of reformative 
treatment to which they would be most likely to 
respond. In the second place, they are not 
segregated with sufficient exactness, with the result 
that all too frequently the "accidental" criminals 
mingle with hardened veterans and the "reformables" 
are contaminated and schooled in crime by the 
incorrigibles . In the third place, because of the 
lack of individual study and careful segregation, 
those staff members who earnestly try to give good 
reformative treatment are frustrated to a considerable 
degree in their efforts. Treatment of juveniles, 
which deserves an important place of its own, has 
made progress but is still of questionable 
effectiveness . 



-8- 



The responsible, interested society that 
should be the fourth cornerstone of the reformative 
system, is perhaps the weakest of the bases. Adult 
members of society, by family example and discipline, 
make an inconsistent contribution to the prevention 
of crime. Although the values of probation and parole 
are gaining recognition, there is a too-prevalent 
tendency to ostracise those who have offended against 
the law and to belittle attempts to reform them, 
rather than trying to understand the problems involved 
in the realization that offenders are human beings 
who need and deserve help when they decide to mend 
their ways. Current public attitudes are short- 
sighted in the extreme. They tend to encourage the 
spread of crime rather than discourage it. Society 
cannot expect a government department to wave a 
magic wand and provide the maximum of protection 
against crime. Society itself must actively 
participate, for public apathy and lack of under- 
standing militate against the effectiveness of 
reformation. 

Other factors complicate the situation. 
There is high-level administrative confusion, such 
as the arbitrary and unrealistic divisions between 
Federal and Provincial jurisdiction, the cumbersome 



-9- 



multiple control of county and city jails, and 
the holding in jails of some persons who should 
not be there at all, including the mentally ill 
and the lock-up prisoners who have not yet appeared 
in court. 

3 . The People Who Commit Crime 

Into the mill of Ontario's reformative 
system, such as it is, went 53,9^1 "persons" in the 
fiscal year ending March 31, 1953. This figure 
must be regarded as a statistic rather than a state- 
ment of the number of individual human beings 
involved, since repeaters are counted more than once. 
But it is a frightening statistic, no less so for 
the fact that more than half the figures represent 
return visits. By the same statistical yardstick -- 
the only hards tick available, unfortunately -- 
there were 40,003 convictions i Of that total, 
about one-third paid fines or received suspended 
sentence or probation; the remaining 28,055 
served time in jails, reformatories, industrial farms, 
penitentiaries or the like. 

These figures represent the human beings 
against whom society is trying to protect itself. 
I5.«?se human beings too often are regarded, incorrectly, 
as a group apart and somehow different from the rest 



-10- 



of society. Yet the people who commit crimes 
are much the same in general characteristics as 
anyone's next-door neighbour, differing only in 
degree -- sometimes an infinitesimal degree. For 
the most part, they are morally ill or retarded. 
They have grown up without due respect for the 
laws of the society in which they live. Some of 
them, however, are perfectly normal in every way and 
have yielded to impulse in pressing circumstances in 
a way that anyone without strong will power or sense 
of Tightness might have yielded. 

Offenders against the law are a cross- 
section of ages, of occupations, of social status. 
Most are Canadian-born. Most are intemperate in 
habits -- a characteristic, it should be pointed out, 
that is shared by a great many persons who do not 
offend against the law. It is significant that a 
high proportion of offenders were brought up in an 
unhappy home atmosphere, but this is by no means true 
in all cases. 

The most common offences in the last fiscal 
year were those involving liquor -- 25,305, or fully 
60 percent, of all convictions. More than half of 
all sentences were for 30 days or less; little more 
than one -tenth were longer than three months. 



-11- 



The people of Ontario cannot be proud of 
the statistics of the custodial institutions. The 
number sentenced to serve time for their offences 
amounts to about one of every 175 per population. 
The comparable figure in England is one of every 
1,259. In contrasting these figures, however, it 
must be remembered that repeaters are counted 
several times -- a factor weighted against Ontario 
in view of the large number of short sentences here -- 
and that many offences here, especially those 
involving liquor, are not considered to be offences 
in England. 

As shown by the accompanying chart, the 
procedure of a person arrested on a charge of breaking 
the law is as follows: 

He is taken to the police station and 
lodged in the lock-up there overnight, or, in some 
places and circumstances, he is held overnight in the 
local jail. 

The next day -- or, if he was arrested on 
a week-end, the following Monday -- he goes to court. 
He may be (l) immediately tried and acquitted; (2) 
immediately tried, convicted and sentenced; (3) 
immediately tried and convicted but remanded for 
sentence; (^i) remanded for trial, with or without 
bail. 



(pa.vje li folluws) 



-13- 



If he is not acquitted or released on bail, 
he goes directly from court to jail. There, even if he 
is an innocent person, he is kept in the same quarters 
or cell block as the following contrasting groups: 

1. Persons on remand for trial. 

2. Convicted persons on remand for sentences. 

3. Convicted persons serving sentences. 

4. Convicted persons awaiting transfer to other 
institutions . 

5.. Persons alleged to be mentally ill, or who have 
been certified as mentally ill. 

6. In some jails, juveniles for whom portions of 
cell blocks have been set aside. 

7. In Toronto »s Don Jail, persons awaiting 
deportation. 

In many jails, there are insufficient 
facilities for the proper segregation of the afore- 
mentioned groups. The innocent are in close 
proximity to the guilty, the first offenders to 
the hardened criminals, and sometimes the juveniles 
to the derelicts. Such conditions certainly are 
not conducive to reformation. 

If the individual receives a short sentence -- 
usually a sentence of less than three months -- he 
services it in a jail. If he receives a longer 



-14- 



sentence of up to two years less a day, he is 
subsenqeuntly transferred to a Provincial 
institution; and if the sentence is two years or 
longer, he is transferred to a Federal penitentiary. 

This Committee has made no study of 
penitentiaries, since they come under Federal juris- 
diction. However, it is deeply concerned about all 
the other steps in the procedure outlined above. 

4. The People Who Pay the Penalty 

It is a popular misconception that a 
convicted person is singled out to pay the penalty 
for his crimes. Actually, he often pays a much less 
severe penalty than society generally and his own 
family particularly. 

Society pays quite literally, in dollars 
arid cents. It pays, through taxes, an average of 
about $3.77 a day for the room and board of each 
person who serves a sentence in an institution. 
Thus a person who serves a one-year sentence, costs 
society about $1,500. (it should be pointed out 
that these figures are net, allowing for the revenue 
of institutional industries). Society also pays 
for the support of the convicted man's family, through 
relief and Mothers' Allowances. Relief assistance 



-15- 



to families of convicted men in Toronto alone 
averages about $34,000 a year. When allowance is 
made for those who probably would have been on relief 
anyway, a net total remains of nearly $60,000 -- a 
sizeable amount to be borne by municipal taxpayers. 
On this basis, it could be estimated conservatively 
that the total net cost of relief for such families 
throughout Ontario would be close to $200,000 a year. 
In addition, Mothers' Allowances are paid by the 
Provincial Welfare Department to many women whose 
husbands are serving terms of two years or longer. 
The total runs in the neighbourhood of $40,000 a 
year. The operation of courts and police forces 
add still more charges on the public purse. The grand 
total, including nearly $6,000,000 net for the 
Department of Reform Institutions, would certainly 
be far in excess of $10,000,000 annually. 

Unfortunately, these costs tend to be 
recurrent. About 70 percent, of the prisoners in 
Provincial institutions are repeaters. Society 
pays dearly for crime, and it pays over and over 
again. Many habitual criminals and their families 
are supported for a great portion of their lives 
by taxpayers. 

A further burden on the general public is 
insufficient protection against crime. It cguild not 



-16- 



be said that the money spent for apprehension, 
trial and incarceration of offenders is all wasted -- 
the process serves the ends of justice and provides 
a considerable degree of protection -- but certainly 
a great deal of it does not produce the results 
that should be expected. The investment does 
not provide the interest, in the form of reformation, 
to which the public is entitled. 

While the offenders themselves suffer the 
loss of liberty and in some cases undergo mental 
anguish, they are physically comfortable. The same 
cannot always be said for their families. Women 
and children who are innocent of any crime pay a 
grievous penalty, often involving greater mental 
anguish and much greater physical discomfort. The 
stigma of a term in an institution attaches itself 
to the families as well as the offenders. A home 
without a husband, father and wage-earner incurs 
both immediate and lasting hardships. 

A graphic illustration is the following 
excerpt from a letter sent to a member of the Committee 
by a woman whose husband was serving a sentence: 
" I am here all alone with three little 
children. The baby has never seen her daddy. 
The other two wake up in the night crying for 
him. It isnft very pleasant to hear. I have 



-17- 



to carry water to do all the washings. The 
pump freezes up in the winter. There are 
times I can't get it thawed out and have to 
go to the neighbour's for water. I saw wood 
to keep the children warm, and believe me, 
that's no woman's job. We built our home which 
still has a mortgage on. We certainly d'on't 
want to lose our home, although it hasn't seemed 
much like home since my husband hasn't been 
here. I'm hoping to God there is some way you 
can help me get my husband home with us." 
Perhaps it is a necessary by-product of 
justice that the innocent sometimes must suffer along 
with the guilty. Surely it is contrary to the public 
conscience in an enlightened society to condone such 
suffering whenever it can be avoided without jeopardizing 
the ends of either justice or reformation. Yet it has 
been condoned on a large scale in Ontario, until very 
recently, by ignoring the superiority of probation 
over imprisonment in selected cases, both through 
easing the suffering of the innocent and enhancing 
the likelihood of reformation of the guilty. 

5 . Future Prospects 

In assessing the prospects for the future 
it is necessary first to analyze the trends of the past. 



-18- 



Crime has increased gradually over the 
past 40 years. Contrary to some claims, it has 
increased at a greater rate than has the general 
population. In 1913, 4.3 persons in every thousand 
were convicted and sentenced; in 1952, it was 8.5 
per thousand. Ontario's population in that period 
rose from 2,767,000 to 4,766,000 -- an increase of 
73 percent; but the number of persons sentenced rose 
from 11,897 to 40,486 -- an increase of 240 percent. 

The ratio has swept inexorably upward. It 

shows recurrent peaks and valleys on a graph, but 

each peak and each valley is higher than the last. 

The high and low years in the period since 1913 were 

as follows: 

1914 -- 5.3 sentenced per thousand population. 

1923 -- 2.6 

1930 -- 6.4 

1934 -- 3.8 

1939 -- 7.4 

1943 -- 4.9 

1951 -- 8.9 

(For detailed figures, see Appendix A) 

Besides showing a steady increase over the 
years, these figures give some clue to the causes of 
crime or, more properly, the conditions in which crime 
is most likely to flourish. Not in the hard and 
anxious times of depression and war does the number of 
offenders increase, but in the relatively easy times 



-19- 



of prosperity. The first peak in 191^ was followed 
by a sharp drop during the first two year3 of World 
War I, then a levelling off. The ratio did not 
start a marked climb again until 1924, when prosperity 
was on the upswing. It soared through the late 
20' s to a peak in 1930, climaxing the rise and 
collapse of a period of plenty. During the frist 
years of the depression, the ratio went down. It 
started up again in 1935, at first gradually, then 
sharply, to the next peak in 1939. In World War 
II, as in World War I, crime slackened. But after 
levelling off for several years, the ratio started 
to rise in 1936 and kept pace with the swelling peace- 
time prosperity until 1951. The decline that 
started in 1952, appeared to continue in 1953. How 
long it will continue and how far down it will go, 
are impossible to predict. If the ratio follows the 
same pattern in the future as it has in the past, there 
will be a further decline for a few years -- a decline 
in ratio, but not necessarily in numbers -- and then 
an upsurge to another new high. 

To obrain the most accurate possible 
picture of future possibilities, the Committee 
requested the Provincial Economist to analyze "••■ 
past trends and project them to indicate the prospects 



-20- 



for the next 10 years. 
He reported: 
"It is not possible to predict accurately how 
many persons will be sentenced in any year in 
the future , but we can draw certain general 
conclusions, assuming a continuation of the 
trends which have been operating in the past. 
In recent years, our population has been growing 
at a rate exceeding 2\ percent, per annum, but 
supposing we assume a rate of growth for the 
next 10 years of 2-| percent, per annum and the 
ratio of persons sentenced to population which we 
experienced in 1952, the number of persons 
sentenced in 1958 would be 46,951, and 53,121 in 
1963, as against the 40,486 sentenced in 1952. 

"Furthermore, if we were to project the 
1913-1952 trend in the number of persons sentenced, 
by 1963, this number would be 57,557 as against 
the 40,486 sentenced in 1952. If we assume that 
the 1938-1952 trend will continue, the number of 
persons sentenced in 1958 would be 50,492 and 
the number of persons sentenced a decade from 
now (i.e. 1963) would be 60,696 per annum or 
about 50 percent, more than in 1952." 

The impact such increases would have should 
require no emphasis. While the Provincial Economist 



-21- 



points out that these figures are not "estimates" in 
the usual sense of the word, since future conditions 
cannot be foreseen, still they must form a basis for 
planning. The reformative system must be prepared 
to handle 30 to 50 per cent more delinquent individuals 
than it handles now. Two effects of the increases 
are obvious. If the system continues as it is, 
the pressure on institutions will become critical 
and will require major building programs for expansion. 
And unless there is strengthening of the bases of 
the system and a good deal of progress in reformative 
efforts, sthe system inevitably will decline in 
effectiveness and provide still weaker protection for 
society. 



(page 22 follows) 



-22- 



5. The Keys of Reformation . 

If the existing system is allowed to 
continue without major changes, Ontario will just 
have to build more and more institutions to 
accommodate the growing number of offenders. 
Such action and spending would be futile and con- 
trary to the best interests of society. It would 
be a blind and continuous race. 

The alternative that must be undertaken 
is the improvement of the reformative system to the 
benefit of the individuals who offend and of society 
as a whole . 

It must be recognized that there is no 
cure-all for offenders, no easy road to reformation. 
A person cannot be reformed unless he wants to be 
reformed. But a system can better its percentage 
of success by providing the best possible facilities 
and personnel and concentrating them on each 
individual offender, and by giving each individual 
offender the type of sentence and the type of treat- 
ment that will be most conducive to his reformation. 

It must be recognized, too, that society 
itself should shoulder the major portion of blame 
for the unsatisfactory state of reformation in 
Ontario. The system is an inheritance that has 



-23- 



come down through the years. The general public 
has paid lip service to progressive theories but 
has been hesitant to allow more than a bare minimum 
of public funds to be spent on reformation of 
offenders, or to take the active interest needed to 
put the theories into practice. The recommendations 
made in this Report cannot be carried out without 
public support, and they cannot achieve their maximum 
effectiveness without genuine public understanding of 
the extent of the problem and the urgent need for a 
solution. 

Improvements in the system have taken place 
steadily, but not in sufficient measure to bring 
satisfactory results in reformation. Since the last 
report dealing with the subject -- made in 1930 by 
the Royal Commission on Public Welfare -- there have 
been commendable changes in segregation, in treatment, 
in proper accommodation and in probation services. 
But most of the findings of that Commission 24 years 
ago could be applied with equal accuracy to the 
system existing today. The improvements, without 
exception, have gone only part-way toward solving the 
big problems involved; many of the other problems of 
1930 are as far from solution now as then. There 
still is too much idleness among inmates, too little 



-24- 



work, and continued utilization of antiquated jails. 
And there still is inadequate inspection of city and 
county jails resulting from a lack of departmental 
standards for these institutions and consequent 
inconsistency of opinion among inspectors. 

A basic obstacle to study of this field 
continues to be the lack of authoritative research 
and detailed knowledge concerning penology in Ontario. 
This is an obstacle that would be equally formidable 
in other provinces, for no Canadian university has a 
chair in penology. In the past half -century, as the 
emphasis has shifted from custody to reformation, 
penology has become a social science closely related 
to such fields as psychiatry, sociology, psychology 
and education. Reformation is an extremely compli- 
cated process. Common sense is vital to its success, 
but so are scientific knowledge and research. While 
theories in themselves mean little, they become 
extremely valuable when arrived at through a scientific 
approach with a firm basis of experience . This 
Province, as a step toward the maximum effectiveness 
of its own system, should encourage establishment of 
a chair of penology at an Ontario University. 

To overcome the difficulty of the lack of 
reliable penological data as applied to Ontario, the 



-25- 



Committee spent more time and care than would other- 
wise have been required on the multitudinous details 
of the problem. Consolidation into principles 
follows . 

The Committee believes that certain under- 
lying principles must influence all conclusions 
reached in regard to the reformation and custody of 
offenders against the law. These principles are: 

(a) that society should be protected to the 
greatest possible extent against crime; 

(b) that offenders should be regarded and 
treated as individual human beings; 

(c) that reformation is best served by humane 
treatment; 

(d) that reformation and punishment should be 
apportioned in individual cases according 
to their optimum contributions to society, 
with reformation taking precedence wherever 
feasible; 

(e) that the innocent should not suffer need- 
lessly with the guilty; and 

(f) that no theory, no matter how admirable, 
should be acted on unless it can produce 
results in practice. 



-26- 



Inherent in the carrying out of these 
principles is still another: 

(g) that true economy in a reformative 

system can best be achieved through con- 
sistent effectiveness over a period of 
time . 
The final principle is a basic, practical 

consideration in implementation of the recommendations 
contained herein. It is not vital to the over-all 
picture, for the protection of society and the salva- 
tion of individuals from criminal pursuits are 
objectives which should be sought even if the cost is 
great; but it is a fortunate adjunct to the other 
principles because high costs and the resultant high 
taxes are a formidable obstacle to improvements of 
any kind. In the past, the operation of reformative 
and custodial programs has been based to a consider- 
able degree on a false economy that ignored the long- 
range savings which would accrue through additional 
spending to s et up a judiciously planned system. 
An example of this shortsightedness could be a person 
recorded in the Committee's confidential files, who 
started getting into trouble with the law as a youtlj 
in 1944, has been convicted 13 times on charges 
ranging from shop breaking to possession of explosive* 



-27- 



and has spent a few days less than eight years out 
of the past ten years in custody; or, the older 
person interviewed by the Committee, who admitted 
that he had been jailed for offences involving liquor 
"every month of every year since 1929" * a nd had spent 
a total of nearly twenty of the past twenty-five years 
behind bars. The former cost the taxpayers about 
$12,000 net for incarceration alone, the latter close 
to $30,000. 

These are but two examples out of the 
several thousand persons who repeatedly turn to crime 
each year in Ontario. About 70 percent, of those 
sentenced to custody are repeaters, persons who have 
been in institutions before and have not been reformed. 
If only one-quarter of these repeaters had been 
reformed by a more effective system, their keeping 
of the peace would save the taxpayers more than $1 
million a year. If a larger percentage could have 
been reformed, the saving could be several million 
dollars per year. 

Thus a more effective system of reformation, 
even if its initial costs are high, would pay dividends 
in a very few years . And one improvement that oan 
better the degree of success -- extended probation 
for selected offenders -- could bring an impressive 



-28- 



saving Immediately. As detailed later in this 
report, the cost of keeping an offender on probation 
is 40 cents a day at the most, compared with $4.00 
a day expended to keep him in an institution. A 
single Probation Officer with a case load of 50, 
can save $180.00 a day. At a conservative 
estimate, taking all factors into consideration, a 
Probation Officer can effect a saving of $50,000 a 
year, while at the same time enhancing the chances 
for reformation of the individuals under his supervision, 
not to mention the invaluable contribution to home 
life and the resultant saving in direct relief and 
Mothers' Allowances. 

The reformative system envisaged by the 
Committee would not be soft. As indicated earlier, 
one of the unfortunate aspects of the present half-way 
system is a tendency to make things too easy for those 
who break the laws. It is an unfortunate fact that 
certain many-time repeaters regard our institutions 
as "rest homes", where they can go to recuperate 
between binges, or when they are short on funds. They 
know they will be well treated, and they have neither 
the intention nor the desire to reform. 

Tc be effective, a reformative system must 
make a distinction between the reformable and the 



-29- 



non-reformable . This cannot be a hard-and-fast 
distinction, for there is always a chance that the 
most hardened repeater, perhaps late in life, will 
wish to reform and the door must be left open for 
him. But to attempt to treat experienced repeaters 
in much the same way as first and second offenders, 
is folly. It is a folly that has been practiced 
for many yours ir. Ontario, and has only recently 
been recognized, and only a few steps have been taken 
toward a wiser policy. Those who give indications 
of being reformable should receive every chance and 
every encouragement to return to a law-abiding way 
of life, and their treatment should be geared for 
that purpose . But for repeaters who are hardened 
in their ways and do not wish to change them, there 
must be a return to the old concept of punishment. 
They have exhibited utter disregard for the rules of 
social living, and for that they should pay the 
penalty. The severest penalty imaginable, for marry 
of them, would be hard work. When engaged in. pro- 
ductive industry, their labour would serve the 
additional purpose of lessening the cost to society 
of their keep. 

Only a strong deterrent has any hope of 
making an impression on these habitual wrongdoers. 
Their terms of incarceration should be sufficiently 



-30- 



unpleasant -- not through brutality or Inhumane 
treatment, but through hard work and rigorous 
discipline -- that they will be most anxious not to 
undergo it again. 

In essence, the way to a better system is 
through the strengthening of the four cornerstones. 
The keys to reformation, as outlined in detail 
throughout this report, could be summarized as follows: 

Fully informed courts - there should be 
facilities for provision of pre-sentence reports on 
all convicted persons, especially first offenders, 
for the guidance of magistrates in Imposing sentence. 

Probation and Parole - facilities for 
supervising persons serving sentences, or parts of 
sentences, at liberty should be detailed and adequate. 
They should be available in all parts of the Province. 
Because of the degree of similarity in their functions, 
Probation Officers and Parole Officers should work in 
the closest possible liaison and should work under 
unified control as soon as such unification is 
practicable. The essential service of Rehabilitation 
of inmates after discharge from institutions, now 
carried out by Parole Officers, should also oorae un^er 
such unification. 

Institutional Programs - For offenders 
who appear to be reformable, institutional programs 



-31- 



should be directed mainly at their reformation. 
For those who arc hardened and unrepentent, the 
program should be directed at punishment sufficiently- 
severe, although always humane, that it will deter 
such persons from further crime. A Reception 
Centre should be set up to classify all new inmates 
with considerable exactness, to be followed by 
correspondingly exact segregation for the purpose of 
effective carrying out of institutional programs. 
Those offenders who are suffering from a basic type 
of illness, such as sex deviates, alcoholics and drug 
addicts, should be given treatment aimed at curing 
their maladies rather than merely being detained in 
temporary and ineffectual incarceration. 

An Actively Interested Society - Every 
means possible must be taken to impress on the general 
public the absolute necessity of their interest and 
understanding. The people of Ontario should play 
a vital role in crime prevention, through example 
and teaching; they should support the measures 
necessary to implement a truly effective reformative 
system; and they should give a decent a.nd proper 
chance to those offenders who wish to reform. 

part of the mechanics of carrying out such 
mf '- 1 surest, ir. contrast to the existing procedures 



-32- 



outlined earlier in this section, should be as 
follows : 

(1) Arrest; immediate medical examination if 
there is any doubt whatever of the suspect's 
physical condition; detention in the lock-up. 

(2) Court appearance, with habitual drunkards 
and repeaters for other minor offences going 
to a special court set up to handle them, and 
so ease the pressure from regular courts, when 
necessary; conviction or acquittal. (Those 
remanded should go to jail, if bail is not 
provided, for the first time following their 
appearance in court.) 

(3) Preparation of pre-sentence reports for all 
first offenders 16 to 25 years of age, and 
eventually, when facilities are available, 
for all offenders; sentence imposed with the 
pre-sentence report taken into consideration. 

(4) For promising first offenders, and for some 
other exceptional cases, probation; for those 
sentenced to an institution but considered 
good material for reform, indefinite sentences 
to enable time for training; for those given 
very brief sentences for minor offences and 
for habitual repeaters given longer s?'itences 



-33- 



for more serious offences, an abundance of 
hard work and rigorous discipline; for all 
those sentenced to institutions, except sex 

offenders, removal first to a Reception 
Centre for thorough diagnosis, study, and 
reoommendation for type of treatment, and 
from the Reception Centre to the most suitable 
and selected institution. 

(5) For sex offenders, thorough pre-sentence study 
and, after imposition of an indefinite sentence, 
removal directly to an institution for treatment 
of this malady. 

(6) For first and second offenders and certain 
other exceptional cases on indefinite 
sentences, granting of parole after a 
sufficient period in an institution, such 
parole to be for a sufficient length of time 
for effectiveness. 

Under such a procedure, generally speaking 
first offenders would be placed on probation, 
second offenders would get a relatively 
brief term in a reformative institution 
dependent on the nature of the crime, with 
parcie permissible at the end of the definite 
senv"-"2e. Third and subseauent offorxera 






•' 



-3*- 

having failed to reform through previous 
opportunities, should be sent to strictly 
custodial institutions. 

6. Recommendation s ' 

The procedures and policies summarized 
above are outlined in greater detail throughout 
this report , and formal recommendations are made in 
the appropriate sections. One point, however, is 
so fundamental and yet so general, that it should 
be specifically repeated here. The Committee 
recommends : 

That the Province should give every encourage- 
ment possible to establishment of a chair of 
penology at an Ontario University. 



- 35 - 

CHAPTER II 

ADMINISTRATION AND PERSONNEL 
A. FEDERAL VS. PROVINCIAL JURISDICTION 

The division of responsibility between 
Federal and Provincial Governments calls for offenders 
with definite sentences of two years or more to be sent 
to Federal penitentiaries, those with shorter s entences 
to Provincial institutions. 

This basis of division, which has not been 
revised since it was established eight years before 
Confederation for a different set of custodial systems 
in a different type of society, adds to the adminis- 
trative problems of Ontario authorities. In many ways 
it would appear to be unrealistic and inconsistent. 

It is of interest to note that in the fiscal 
year ending March 31, 1953, a total of 4, #70 inmates in 
Ontario reformatories and industrial farms were convict- 
ed for violation of Federal statutes -- that is, about 
35 per cent of all inmates who were in custody in these 
institutions during that year. Of the Federal offences, 
3,515 were indictable and 1,355 were non-indictable. 

Of further interest is the fact that 23 inmates 
during the year were sent to Provincial institutions 
with definite sentences totalling more than two years 
on each charge, with sentences to run con- 
secutively. Under the existing practice a perspn. 



- 36 - 

receiving three such sentences, or a total sentence 
of six years, is sent to a Provincial institution even 
though another offender sentenced to two or three 
years on a single charge goes to a Federal peniten- 
tiary. 

Concerned about these and a number of other 
matters outlined below, the Committee asked for an 
interview with the Hon. the Minister of Justice 
(Mr. Garson) . The request was graciously granted, 
and the Committee was accwrded a splendid reception, 
a very patient hearing, and a co-operative attitude 
by the Minister of Justice. At that time the Minister 
of Justice suggested that the Committee prepare a 
brief for presentation to him, which would be con- 
sidered by a Commission recently appointed tc study 
such matters. 

Accordingly, the Committee makes the follow- 
ing suggestions, with the recommendation to the 
Legislature that this part of the Committee's report 
be submitted to the Minister of Justice in compliance 
with his wishes. 

1. Division of Responsibility Between Federal and 
Provincial Governments. 

Under the British North America Act, 
Section 91 > the Parliament of Canada has the exclusive 
legislative authority to legislate in relation to 
(inter alia) 



- 37 - 

"(25) The establishment, maintenance and 
management of penitentiaries." 
By Section 92 of the same Act, the 
Provincial Legislatures have exclusive power to 
legislate in relation to (inter alia) 

"(6) The establishment, maintenance and 

management of public and reformatory 
prisons in and for the province." 
At the time of Confederation (and for some 
years prior thereto) the law provided that a prisoner 
sentenced to a term of imprisonment of less than two 
years would serve the sentence in the county jail and 
a prisoner sentenced to imprisonment for life or for 
any term of years more than two, should be sentenced 
to the Penitentiary. 

After Confederation, no change was made 
in the law and it has continued d«wn to this day. 

The Penitentiaries Act, R.S.C. 1952, 
(Chapter 206, Section 46), provides: 

"(46) Everyone who is sentenced to im- 
prisonment for life or to a term of 
years not less than two shall be 
sentenced to imprisonment in the pen- 
itentiary for the Province in which 
the conviction takes place." 
The Criminal Code, Section 1056, pro- 
vides as follows: 



- 33 - 

"(1056) Everyone who is sentenced to im- 
prisonment for a term less than two years 
shall, if no other place is expressly men- 
tioned, be sentenced to imprisonment in 
the common gaol of the district, county, 
or place in which the sentence is pro- 
nounced, or if there is no common gacl 
there, then in that common gaol which is 
nearest to such locality, or in some law- 
ful prison or place of confinement, other 
than a penitentiary, in which the sentence 
or imprisonment may be lawfully executed: 
Provided that , 

(a) when anyone is sentenced to imprison- 
ment in a penitentiary, and at the 
same Sittings or term of the court 
trying him is sentenced for one or 
more other offences to a term or terms 
of imprisonment less than two years 
each, he may be sentenced for such 
shorter terms be imprisonment in the 
same penitentiary; 

(b) when anyone is sentenced for any offence 
who is, at the date of such sentence, 
serving a term of imprisonment in a 
penitentiary for another offence, he 
may be sentenced for a term shorter 
than two years to imprisonment in the 



- 39 - 

"same penitentiary; 

(c) When anyone is sentenced to imprison- 
ment in a penitentiary who is, at the 
date of such sentence, serving a term 
of imprisonment in a common gaol, or 
in some lawful prison or place of con- 
finement other than a penitentiary, 
unless it is otherwise directed by 
statute, he shall, instead of being 
returned to the common gaol or other 
prison or place of confinement, be forth- 
with sent to the penitentiary, there 

to serve the remainder of the unexpired 
portion of the term he was serving at 
the date of such sentence:" 

(d) not relevant. 

(e) not relevant. 

The fixing of the term of two years as the 
division between Federal and Provincial responsibility 
is purely arbitrary. The Committee is in accord with 
the view of the Archambault Commission that the basis 
of two years is superficial and is in need of revision. 
There appears to be good reason for a study of the 
division of responsibility between Federal and Pro- 
vincial Governments with a view to possible re-alignment. 

The Committee believes it would be more real- 
istic and more in keeping with the intended purpose of 
the division of responsibility for Federal penitentiaries 



- 40 - 

to accept a considerable portion of the recidivists 
who are convicted under Federal statutes, regardless 
of length of sentence, so that Provincial institutions 
would be better able to perform their reformative 
function. 

2. Divided Control over Inmates in Provincial 
Institutions . 

The Prisons and Reformatories Act, R.S.C. 1952, 
Chapter 217 (Section 43), provides as follows: 

"(43) The Lieutenant-Governor of the Province 
of Ontario may appoint a Board of Parole 
for the said Province whose duty it shall 
be to inquire from time to time into the 
cases of prisoners sentenced to the 
Ontario Reformatory, the Andrew Mercer 
Reformatory or any industrial farm, and 
where as a result of such inquiry the 
Board thinks proper, it may permit 
prisoners serving indeterminate sentences 
to be paroled under conditions approved 
of by the Minister of Justice, and when 
the terms on which such prisoners have 
been paroled have been complied with, 
the Board may recommend for the con- 
sideration of the Minister of Justice 
the final discharge of such prisoners." 



41 - 



It will be n^ted from the above that it is 
only after a prisoner has commenced to serve the in- 
determinate part of the sentence that the Ontario Board 
of Parole has jurisdiction. 

Prisoners serving definite sentences in the jails 
and reformatories for offences against the Criminal 
Code or other Dominion Statutes may be released before 
the expiration of their sentence only by Federal authority, 

Since the Ontario Board of Parole is entrusted 
with the responsibility of dealing with prisoners who 
are serving indeterminate sentences in Provincial in- 
stitutions, there would appear no good reason in prin- 
ciple that they should not be entrusted with the 
responsibility also of dealing with the definite portions 
of the sentences. 

The Committee believes that the reformative 
process could be more effective if Provincial author- 
ities were empowered to release any prisoner serving 
his sentence in a Provincial Institution at a time 
when he would be more receptive of reform. 

The Committee further believes that provision 
should be made whereby longer indeterminate sentences 
could be imposed by the convicting magistrate, judge, 
or Justice of the Supreme Court, to allow more time to 
be given an inmate to learn a trade or acquire a better 
academic standing, which would fit him to better his 
condition in life upon his release. 



- 42 - 

3. Consecutive Sentences . 

In the last fiscal year there were 23 inmates 
in Ontario institutions who were serving sentences 
which aggregated more than two years because they had 
been sentenced to serve consecutive terms of less than 
two years for a number of offences. 

If on principle it is considered that a prisoner 
sentenced to imprisonment for one offence for a term of 
two years or more should go to the penitentiary, then 
the same principle applies in the case of a prisoner 
whose aggregate sentences for a number of offences is 
more than two years. 

The Committee is of the opinion that the spirit 
of the existing law is violated when prisoners serve 
sentences which aggregate more than two years in Pro- 
vincial institutions. 

4. Habitual Criminals 

The present provisions with respect to habitual 
criminals are contained in Part X(A), Section 515k of 
the Criminal Code. Where a person is found to be an 
habitual criminal, the judge may, after sentencing him 
for the offence upon which he has been convicted, order 
that he be detained in prison for an indeterminate period 
which is called preventive detention. 

He may be found to be an habitual criminal 
if the judge or jury as the case may be, finds on evidence 



- 43 - 

"(a) that since attaining the age of eighteen years 
he has at least three times previously to the 
conviction of the crime charged in the indict- 
ment , been convicted of an indictable offence 
for which he was liable to at least five years 
imprisonment and that he is leading persistently 
a criminal life, or 
(b) that he has on a previous conviction been found 
to be an habitual criminal and sentenced to 
preventive detention." 

The Committee would respectfully suggest that a 
study be made of the above legislation with a view to 
revising it to ensure that prisoners who have served a 
number of terms of imprisonment in the penitentiary should 
not be subsequently sentenced to imprisonment in the 
jails or reformatories. The presence of such men in the 
reformatories deters the attempt made to reform less 
hardened inmates. The same remarks apply to prisoners 
who have served three or four or more previous sentences 
in the reformatory. 

The Committee is of the opinion that provision 
should be made in Part X(A) (Habitual Criminals) to 
provide that when a person has served three sentences in 
a reformatory, regardless of its location, and is again 
sentenced to imprisonment for another offence, such person 
may be charged as an habitual criminal. 



- 44 - 

6. The Advisability of Longer Indefinite Sentences . 

Short sentences permit insufficient time for 
training. This, combined with the fact that long 
definite sentences do not permit release of inmates 
at the time most favorable for reformation, suggests 
that sentences with long indefinite periods, such as 
one to five years, would best serve the interests of 
reformation. 

7. Mental Illness and Insanity . 

Legal definitions concerning mental illness and 
insanity have remained static, for the most part, for 
$0 years. In the opinion of the Committee, these 
definitions are out-of-date and their revision would add 
to the effectiveness of reformative efforts in custodial 
institutions. 

There should be provisions for transfer of 
inmates suffering from a mental disorder but not certi- 
fiable from a custodial institution to a hospital or 
other suitable place for treatment. 

8. Time Off for Good Behaviour . 

Inmates in jails are not entitled to time off 
their sentences for good behaviour, as are those in 
penitentiaries, reformatories and industrial farms. 
Inmates in reformatories and industrial farms may earn 
a maximum of approximately five days a month for good 
behaviour (through a Federal Act} , while those in pen- 



- 45 - 

itentiaries may obtain time off at a higher ratio. The 
Committee is of the opinion that uniform provisions for su 
time off should apply to all inmates in custodial in- 
stitutions. 

9. Expunging of Records. 

Persons who have been convicted of certain 
offences subsequently find it difficult to obtain jobs 
with many employers, and to cross the border to the 
United States of America. This difficulty applies to 
one-time offenders as well as hardened repeaters. The 
Committee believes that one-time offenders who have 
demonstrated their ability and desire to lead a law-abidir.g 
life and have done so for a long period after their 
release, should not be so stigmatized; and that it would 
be in the interest of both reformation and common fair- 
ness to amend the laws so that the conviction and all 
records other than fingerprints of such persons would 
be expunged from all public records. 

10. Central Place ts>£ Executicn. 

With respect to a central place of execution, 

Section 106$ of the Criminal Code provides, 

"judgment of death to be executed on any 
prisoner shall be carried into effect within 
the walls of the prison in which the offender 
is confined at the time of execution". 

There is a provision in The Prisons and 

Reformatories Act, Section 4> providing that the Lieutenant 

Governor in Council, if because of the insecurity or 



- 46 - 

unfitness of any jail he deems it expedient so to do, 

may order any prisoner to be transferred to another jail. 

Subsection 3 of Section 5 of the same Act provides, 

"If such an order is made in respect of a 
person under sentence of death, the Sheriff 
to whose jail the prisoner is removed shall 
obey any direction given by the said Order 
or by any subsequent Order-in-Council for 
the return of such prisoner to the custody 
of the Sheriff by whom the sentence is to be 
executed." 

It would seem to be implicit in these Sections 
that the prisoner is to be returned to the County where he 
was convicted. 

The Committee believes that the law should clearl; 
enable a Province to establish a central place of executio 
if it so desires in an existing Provincial institution. 

11. Detention of Persons Awaiting Deportation. 

The Committee does not approve of the desig- 
nation of jails, industrial farms, reformatories or 
other places of detention under control of the Department 
of Reform Institutions as "Immigration Stations", and 
suggests that the practice followed in other jurisdictiors 
be established here, whereby persons awaiting deportatioi 
are held in custody pending the disposal of their cases 
in Stations especially designed for this purpose by the 
Department of Immigration. 

12. Riotous Conduct in Institutions. 

The Committee suggests that the Criminal Code 
be amended by enacting the creation of a specific offen:e 



- 47 - 

dealing with riots in custodial institutions, as the 
existing criminal law is somewhat obsecure on this 
matter. Inmates who take part in such disturbances may- 
be charged for actual property damage or assault under 
existing laws but there is nothing in the Code that 
clearly labels riotous conduct as an offence. 

13. Drug Peddlers 

There is no known cure for drug addicts and 
consequently they pose a difficult problem for custodial 
institutions. They are hopeless slaves to a habit that 
blackens their lives, and their condition is predicated 
on the activities of those who sell drugs. In the 
opinion of the Committee no penalty in the Criminal Code 
could be too severe for those convicted of selling drugs. 

Recommendation 

The Committee earnestly proposes that the 
matters outlined above be reviewed and ultimately 
adjusted in a way that would be more equitable than 
present practices. Accordingly the Committee recommends 

That this part of this Report be forwarded to 
the Hon. the Minister of Justice with a request that the 
suggestions made therein be given early consideration 
with a view to implementation. 



48 



ADMINISTRATION AND PERSONNEL 
B - THE DEPARTMENT OP REFORM INSTITUTIONS 

The Department of Reform Institutions, as 
created by the Reform Institutions Act of 1946, is 
charged with the administration and costs of Ontario's 
four reformatories, four industrial farms and three 
training schools; administration of the eight district 
jails, and inspection and partial supervision and 
costs of five training schools operated under Roman 
Catholic auspices and thirty-seven city and county 
jails . 

A study of the personnel and operations 
of the Department itself is indispensable to a general 
study of custody and reformation in the Province. The 
present and future welfare of the individuals who come 
under the Department's jurisdiction are dependent, 
to a considerable degree, on the Department's policies, 
its efficiency and the interests and capabilities of 
its personnel on all levels. 

The Department has a total of 1,121 employees, 
including 6? on the Head Office staff and 1,054 on the 
staffs of the various institutions. Its total budget 
for 1953-54, as voted by the Legislature, is $8,545,000. 
By inter-departmental bookkeeping, on the existing 



49 



basis of calculation, about $2,500,000 of this sum 
should be offset by the sale of inmate -produced goods 
to other departments and a further $500,000 by per- 
quisite charges and other revenues. While the net 
cost of operating custodial institutions in this 
Province for the current fiscal year, if the entire 
amount voted is spent, thus should be about $5,5^5,000, 
not counting costs charged to other sources, it is 
pointed out below that a more realistic system of 
bookkeeping would show the net cost to be somewhat 
lower. 

The name of the Department of Reform 
Institutions is reflected in the general aim of its 
policies and operation. Unfortunately, the name is 
reflected to only a limited egree in actual practice. 
Reformation of individuals is the exception, not the 
rule. As the Minister told the Committee, the 
Department has a long way to go before it attains its 
goal of reforming the greatest possible number of 
offenders. The complex difficulties involved, along 
with recommendations for overcoming them, are out- 
lined in detail throughout this report. 

1. COSTS AND REVENUES 
The Bill 

The cost of crime is staggering. Initially 



50 



there is property damage in the commission of the 
offence, in many cases; then the costs of apprehension 
and arrest by the police; then the costs of the oourts; 
and finally the costs of carrying out the sentence. 
Under the direction of its terms of reference, the 
Committee has investigated only these final costs. 

During the fiscal year ending last March, the 
total costs of custody and reformation to Ontario 
taxpayers was more than $10,000,000 gross and close to 
$7,000,000 net. 

The tables in Appendix B contain the figures 

in detail. In essence, this is what they show as 

annual costs: 

Department of Reform Institutions $7,829,172.00 
District jails 492,450.00 

County and City jails 1,560,009.00 



(Partial) Gross total cost to 

Taxpayers $9,881,622.00 



To this total should be added about $200,000 
for the amount paid in direct relief to families of 
those incarcerated, and another $40,000 paid by the 
Province in Mothers' Allowances for the wives of 
incarcerated men. A further amount should be added 
for probation costs, but this service has grown so 
rapidly in the past year, and presumably will continue 
to grow rapidly, that a cost estimate could not possibly 



51 



be in proper proportion. If an arbitrary figure of 

$100,000 is added -- more than the cost in 1952-53, but 

much lower than the anticipated cost in future years -- 

the following ensues: 

Gross Annual Total Cost to Taxpayers - $10,221,622.00 

(approximately ) 

And it must be remembered that this figure 
represents costs only subsequent to sentencing. It 
is over and above the costs of apprehension and trial, 
and of the loss of productive members of society. 

For purposes of further calculation, however, 

the former total is used as representing the direct cost 

to taxpayers of incarceration. On its basis, it is 

found that the following figures show the per-inmate 

costs : 

Gross annual average cost per inmate $1,997.09 
Gross daily average cost per inmate $ 5.^7 

Of the gross total for all inmates, the 

Department estimates $2,978,7^5.15 was returned to 

public coffers through perquisite charges and sale of 

inmate-produced goods. Thus the net costs, not 

allowing for probation, relief or Mothers' Allowances, 

are as follows: 

Net Total cost to Taxpayers $6,902,876.85 
Net Annual average cost per inmate $ 1,395.10 
Net daily average cost per inmate $ 3.82 

This set of figures can be taken as a 

conservative indication of what offenders cost the 



5 2 



taxpayers annually after sentencing. 

Further breakdowns are contained in the 
appendices at the end of this Report. Briefly, this 
is what they show: 

Reformatories and Industrial Farms 

Gross total cost $6,528,194.91 

Gross Annual average cost per inmate $ 2,312.06 
Gross daily average cost per inmate $ 6.33 

Net total cost $3,768,192.21 
Net annual average cost per inmate $ 1,376.76 
Net daily average cost per inmate $ 3-77 

Ontario Training Schools 

(Note: Gross costs exclude the portion of Head Office 
costs chargeable to training schools) 

Gross total cost $ 880,193.6^ 

Gross annual average cost per inmate $ 1,583.0c 
Gross daily average cost per inmate $ 4.3^ 

Net total cost $ 832,831.2: 
Net annual average cost per inmate to 

taxpayers $ 1,497.8: 
Net daily average cost per inmate to 

taxpayers $ 4 . 1C 

Net total cost to Province $1, 661,451. l r 



Net annual cost per inmate to Province $ 1,189. 6( 
Net daily cost per inmate to Province $ 3.21 



jails 

(Note: As with training schools, these costs exclude 

the portion of Head Office costs that should be 
chargeable to jail administration) 

Total jail cost $2,052,450.00 

Annual average cost per inmate $ 1,240.03 
Daily average cost per inmate $ 3.49 



53 



The Accounting System 

It is difficult to determine the exact 
financial picture presented by the operations of the 
Department of Reform Institutions. This difficulty 
is inherent in its very nature as a state-run business. 
Certain functions which normally would be considered 
an aspect of the Department's business are either 
carried out or paid for by other Departments. These 
include such items and services as auditing, office 
rentals, office equipment, depreciation of buildings 
and equipment and provisions for expansion. 

Statistics furnished by the Department to the 
Committee were helpful but did not always present a 
clear and completely accurate picture. For example, 
calculations made on the basis of detailed 
information supplied by the Department indicate the 
Department 's costs for the year ending March, 1953, 
were in the neighbourhood of $7,936,178. Official 
Departmental figures place the amount at $7,829,172, 
or about $107,000 less. This is said to be explained 
by inventory holdovers. 

Costs are somewhat confused by the diversity 
of sources. Those involved, besides the Department 
of Reform Institutions, are the Department of the 
Attorney-General, which pays for Probation, District 



54 



jails, and the Province's share of city and county 
jail costs; the Department of Public Works, which is 
charged with new building and major repairs; the 
Department of Public Welfare, which pays allowances 
to mothers of long-term inmates; municipalities, which 
pay relief to families of inmates, and pay a portion 
of the costs of training school committals; cities and 
counties, which pay about two-thirds of the cost of 
local jails; and, of course, the Federal Government 
which pays penitentiary costs that are not considered 
at all in this Report. 

Operating costs for the district jails are 
paid by the Department of the Attorney-General and 
were not available for the fiscal year (1952-53) for 
which the Committee requested them. However, the 
Department of Reform Institutions generally experienced 
about a five percent, rise in operating costs over the 
year, and it would seem fair to assume district jail 
costs would rise by roughly the same percentage. This 
calculation places district jail costs for 1953 at 
some $492,450. 

Average cost of their maintenance in the eleven 
Provincial institutions ranged from a low of $l,28l at 
Burtch Industrial Farm to a high of $3,102 per inmate 
in Guelph Reformatory. 



55 



In regard to industrial and farm revenue, 
the Department hardly does itself justice. Although 
in no wise do the industrial operations at Guelph, 
Burwash and other institutions, along with the produce 
of farm operations, come near to producing enough 
revenue to finance the institutions, they do produce 
a considerable amount of revenue. This production is 
generally sold only to other Departments of Government 
and its value is accounted for in only nominal figures 
that are roughly equivalent to wholesale prices. 

Granted that no money actually changes hands 
through these transactions, it is still unfair to the 
Department to show the value of its production at 
$2,465,000 for one year when its true value, calculated 
in approximate fair market prices, would reach upwards 
of $2,780,000 for farm and industrial operations. 

While these figures are listed by the Department 
as revenue, they are not net figures. Costs of 
industrial equipment, supplies, etc., are figured into 
the general total for each institution. However, at 
Departmental figures, industrial and farm production 
realizes a net profit of $627,000 annually at book 
figures or $9^2,000 calculated at fair market prices. 
And there are, of course, no labour costs. 

The system of accounting concerning the costs 



56 



and revenues of Industrial and farm production is 
such that would be tolerated in no private business 
and should not be tolerated in a Government Department. 
In this respect, the Department has to some extent 
brought upon itself the erroneous public idea that 
Reform Institutions are a drain on the public purse 
and nothing else. The purchase of raw materials for 
industries, the maintenance of machinery, the cost of 
hiring trades instructors and supervisors for the 
industries, and even the cost of maintaining the inmate 
labour employed in each industry should all be taken 
into account . 

Only with such a system of accounting would 
superintendents, inspectors, and the Department itself 
be in a position to know whether an industry or farm 
was being run on a fair and efficient basis. 

Perquisites 

Accounting of perquisites for staff officers 
and others is in similar need of revision. A perquisite 
may be defined as "an incidental advantage of the 
position held 11 and should be regarded as such. There 
is no profit to either the institution or to the 
officer in allowing him to purchase certain meals at 
below-cost prices to subsidize a low salary. 

The same holds true for allowing staff personnel 



57 



to occupy Department -owned housing at a low rental. 
Rental of staff housing, as well as charges for meals, 
should always be calculated at a fair rate, rather 
than at below-cost figures. Charges should be 
comparable to those paid for similar things elsewhere. 

Provision of uniforms for staff personnel is 
a valuable advantage, but is quite in keeping with 
common practice in such situations, and should of 
course be continued. 
Recommendations 

On the basis of the findings outlined above 
the Committee recommends: 

1. That the accounting system of the Department of 
Reform Institutions be revised to take into 
account the market value of goods sold. 

2. That charges for perquisites be reviewed and 
revised when necessary to make them at least 
cover the cost of the items and preferably be 
close to market value. 



59 



the chain of command within a depart nent should be as 
clear-cut as practicable through the various levels of 
personnel from the newest employee up to the deputy 
minister, and through the deputy minister to the minister 
For the deputy minister to function with the utmost ef- 
ficiency he must be firmly recognizes in his traditional 
position of command, and each staff member on every 
level must know where his own responsibility lies. 

The Committee heard evidence that indicated 
definite weaknesses in the chain of command within the 
Department of Reform Institutions. The field of penology 
contains a number of divergent theories on the most ef- 
fective methods of custody and reform. It therefore is 
to be expected that the Deputy Minister, as well as 
other executives, should continually encounter varying 
viewpoints that must be sorted out and consolidated. But 
this task should not be further complicated by confusion 
in the chain of command. The Committee found that such 
confusion does exist near the top, and is reflected in 
many aspects of the Department's program. To clarify 
the situation, steps should be taken to define more 
accurately the exact responsibility of executive person- 
nel and , even more important, to define the chain of 
command so clearly that there can be no misunderstanding. 
It must be added that the Committee disapproves of the 



60 



policy of retaining superannuated persons in executive 
positions as advisors, no matter how capable and well- 
qualified they may be, because such a policy tends to 
aggravate confusion and uncertainty. 

The responsibilities of each of the Head 
Office executives are outlined below: 

The Director of Rehabilitation is in charge of 
all phases of the rehabilitation program, including treat- 
ment of alcoholics, and of psychological work and academic 
and vocational training in institutions. He also serves 
as public relations officer for the Department, address- 
ing organizations throughout the Province on its work 
and its aims . 

The Executive Assistant to the Deputy Minister , 
in addition to rendering the general assistance implied 
in his title, has charge of the Staff Training School. 
He visits Institutions to discuss problems with their 
administrators and is empowered to make decisions on 
behalf of the Deputy Minister during such visits. He 
is on call to take charge of an Institution in an emer- 
gency if necessary. 

The Chief Psychologist supervises all psycho- 
logical services. He interviews all applicants for 
psychological positions and advises the Department on 
all matters relating to the psychological work. In 



61 



addition, he is expected to carry out personal examina- 
tions of the more difficult inmate cases. 

In view of the vital function that must be 
performed by psychology in an effective program of reform, 
the Committee was disappointed to learn that the position 
of Chief Psychologist was not given sufficient prominence. 
A much more adequate salary should be paid the man hold- 
ing this post, and he should be given more trained staff 
and relieved of some of his more routine duties. It 
should be emphasized that the responsibilities of the 
Chief Psychologist will become much heavier when an 
extensive Reception Centre is introduced, as recommended 
in this Report. The Chief Psychologist should be consulted 
fully in the organization of such a centre, and he should 
be prepared to give expert overall , direction and co- 
ordination to all facets of an expanded psychological 
program. 

The Farms Administrator is charged with general 
organization and supervision of farming operations at 
the various institutions, the keeping of records, long- 
range planning and other matters involved in farm pro- 
duction. His position in relation to the farm super- 
visors at the institutions is that of advisor. The 
Superintendent of each institution has control over 
agricultural activities on his property, and the Farms 



.' 



62 



Administrator makes suggestions that can be vetoed by 
the Superintendent. Although no dead-lock has oc- 
curred since the post of Administrator was created a 
year ago, the theory is that any such dead-lack would 
be referred for decision to the Deputy Minister. 

Here is another situation for which the 
chain of command must be clearly defined. The Committee 
found that some of the Farm Supervisors were not sure to 
whom they were responsible, and whose orders they should 
follow. In addition, the Farms Administrator himself 
was not yet certain of the extent of his powers and 
responsibilities. If this post is to be retained it 
is imperative that it be clarified, since the duties 
will grow in complexity with the addition of more in- 
dustrial farms as recommended in this Report. The 
Farms Administrator can perform a valuable function 
through close liaison with the Ontario Agricultural 
College that enables him to advise local Farm Super- 
visors on scientific matters and techniques for 
maximum productivity. 

The Statistician is responsible for the 
collection, consolidation and compilation of statis- 
tics concerning the operation of the Department. His 
present staff is small. The Committee found that records 
on a number of important matters either were not available 



63 



or could be obtained only with great difficulty. In 
the former category, for example, are the progress 
of training school "graduates" after reaching the age 
of 18 - a record essential to an assessment of the 
success of the Training School program - and exact 
figures on repeaters and recidivism; in the latter 
category are figures on lock-up prisoners held in 
jails. The Minister shares the Committee's dis- 
satisfaction with the exactness and thoroughness of 
the Department's statistics. 

One factor contributing to this statistical 
weakness is obviously the multiplicity of control that 
deprives the Department, in practice, of some of its 
authority over the recording procedures of county jails 
This obstacle will be overcome when the Department as- 
sumes single unit control of all jails, as recommended 
in this Report. Another factor is the shortage of 
trained staff at the disposal of the Statistician. 
Exact records are so essential to an evaluation of 
methods of reformation, and of the progress of the 
Department generally, that the Statistician should be 
given immediately the additional staff and facilities 
required to elevate the statistical division to the 
proper level of thoroughness and accuracy. 

The Dietician is a post newly created in this 



64 



Department. The Committee was told that the person 
appointed to the position has made a good start at im- 
proving the efficiency of cooks and the adequacy of diets. 
The Committee believes, however, that she should have 
much closer supervision of diets in all custodial in- 
stitutions, including jails. While the Superintendent 
or Governor should have control over the food in his 
own institution, the startling variation in the cost of 
food in institutions across the Province (outlined in 
some detail below) proves that it is imperative to have 
strong and efficient co-ordination and overall super- 
vision. 

The Supervisor of Construction is liaison 
officer with the Department of Public Works in new 
building, additions, and major repairs undertaken by 
that Department, and is in charge of routine repairs 
and maintenance carried out by the Department of Reform 
Institutions itself. As outlined in the Property Section, 
liaison with the Department of Public Works is not suf- 
ficiently close to uphold the best interests of the 
Department of Reform Institutions. The Supervisor of 
Construction should be the key man in establishing closer 
liaison and should be consulted fully concerning the 
employment of more inmate labour on work projects at 
institutions. 



65 



The Chief Purchasing Officer is in charge of 
all major purchases and, where necessary, also super- 
vises some of the purchasing for individual institutions. 
The division of purchasing responsibilities between this 
officer and the Superintendents seems to be working out 
satisfactorily, with the Superintendents retaining as 
much authority as is practicable. 

The Office Manager supervises the clerical and 
filing operations of the head office, signs authorities 
for transfer of prisoners, and maintains overall direc- 
tion of the assignment of clerical and filing personnel 
throughout the Department. He also assists the senior 
executives of the Department in miscellaneous matters. 

The Chief Accountant supervises accounting for 
the Department generally, and for the Board of parole 
and the Mercer Reformatory. He collects and authorises 
Departmental expenditures, prepares financial reports, 
some payrolls and the data for the public accounts. He 
also supervises accounts relating to district jails and 
all Departmental inventories. 

The Chief Inspector is responsible for organiza- 
tion and direction of the inspection of all reformatories, 
industrial farms, training schools and jails, including 
investigations of escapes, disturbances and other special 



66 



problems. He is in general charge of the transfer of 
prisoners from jails to other institutions after 
sentencing. He directs on-the-spot liaison with 
sheriffs and city and county countils, and generally 
supervises all aspects of Departmental control over 
city and county jails. 

The defects of existing liaison and control 
involving city and county jails are outlined in the 
section dealing with Jails (Chapter IV). These defects 
are extremely serious , obstructing any hope for an ef- 
fective reformative program in the jails, but it is 
unlikely that they can be corrected under existing 
multiplicity of control. 

The Committee was dissatisfied with the ef- 
ficiency of many aspects of the inspectoral system as 
a whole, as detailed subsequently in this chapter. 

The Chief Parole and Rehabilitation Officer 
organizes and directs the work of the parole office, 
compiles reports on parolees and provides the Parole 
Board with information on prisoners as they become 
eligible for parole. He also supervises the Depart- 
ment's staff of Parole and Rehabilitation Officers. 
The Committee is dissatisfied with many aspects of the 
operation of the parole and rehabilitation service as 
outlined in detail in the section of this Report dealing 



67 

with probation, parole and rehabilitation (Chapter VII ). 

3. GENERAL POLICIES 

The basic policy for the operation of a 
system of Reform Institutions in this Province must be 
one that aims at the effective reform and return to 
society of the greatest possible number of offenders, 
coupled with the preventive detention of all others 
who—following the most intensive classification and 
examination procedures—are clearly demonstrated to be 
a menace to society. The Committee believes the Depart- 
ment does try to operate on this basis. Unfortunately 
in practice, the policy has not achieved anything ap- 
proaching its maximum effectiveness. 

While much of this Report consists of an 
examination of Departmental policies involving a wide 
range of operation - such as reformation generally, 
parole and rehabilitation, properties, specific types 
of institution, various facets of inmate treatment, 
custodial methods, classification and industry - certain 
other aspects of policy should be specifically mentioned 
here . 

(a) Nomenclature - The Department operates 
four ''reformatories" but the high-sounding title is a 
misnomer for three of them. The Brampton Institution 



68 



for youths is the only one that is successfully reform- 
ing its inmates , and consequently it is the only 
institution in the provincial system truly deserving 
the name "reformatory". However, an unfortunate con- 
notation now is attached to the word in the public mind, 
and Brampton should in name, as well as in function, 
be distinguished from the institutions at Guelph, Mimico, 
and the Mercer. Its special function will continue even 
when reformative programmes are improved in the other 
institutions. Therefore Brampton, which resembles a 
training school more than it resembles the other so- 
called reformatories, should be re-named. 

On the other hand, it is recommended elsewhere 
in this report that confirmed recidivists be sent to 
Burwash. The title of "Industrial Farm" is not in keep- 
ing with such a function. To emphasize that Burwash 
will be a place of hard work and detention as distinguished 
from other institutions at which reformative efforts will 
be the core of the programme, the name should be changed 
to Burwash Provincial Prison. 

(b) Transfer of prisoners - Expenses for 
transfer of prisoners from one institution to another 
in the last fiscal year totalled $52, 839. I 1 )- . Most of 
this amount was for transfer of prisoners from jails 
to reformatories and industrial farms after sentencing. 



69 



Three bailiffs are employed to supervise these transfers 
under direction of the Chief Inspector. Bailiffs pick 
up prisoners at the jails and escort them to their des- 
tinations. The majority of transfers are by rail, with 
rail fares accounting for most of the cost. In many 
cases, too, the Department hires an individual car, and 
pays the owner at a rate equivalent to that of trans- 
porting by rail, including taxis from station to 
institution. The cost of this car for the past year 
was $10,000. 

The Committee strongly supports the Department 
in its consideration of purchasing a large vehicle, such 
as a bus, probably to be based at Mimico, for transporta- 
tion of some prisoners. Costs should be studied care- 
fully to ascertain whether the expense of existing methods 
could be cut further by extensive use of Departmental 
vehicles . 

Governors of several jails complained that 
prisoners sometimes had to be held more than a week 
after conviction before a bailiff arrived to transfer 
them to Reformatories or Industrial Farms. Departmental 
officials maintain, however, that the process could be 
speeded up only at considerable added expense. The De- 
partment should continue to lay the greatest possible 
stress on rapid transfer since it is unfair to jails 



70 



that any prisoner should stay for more than a few- days 
after he becomes due for transfer. 

(c) Food - The food question is a vital one 
in all custodial institutions. The importance of good 
food becomes magnified among persons who are being held 
against their will, told what time they shall get up and 
go to bed, and forced to obey -orders as to how they shall 
spend every waking minute. A degree of comparison with 
military life is obvious. The saying that a n army 
travels on its s-fc-cra&cVx <*oji"Ld \*e **i©»-p*-«.<i u*-a."CH. --».—«. vruui 
to an inmate population. It is human nature that persons 
held in custody, deprived of the liberty they normally 
enjoy, are quick to rebel against authority for any 
cause they consider valid. Practical penologists agree 
that food and warmth are the two provisions whose in- 
adequacy can most rapidly ferment discontent among 
inmates. It is in the interests of security and efficient 
custody that food should be good, and the department is 
to be commended for its recognition of this fact. In- 
adequate diet, besides aggravating the possibility of 
disturbances, could cause embitterment that in many 
cases would block efforts at reformation. The bread- 
and-water days of the old prisons are long past. 

Pood for inmates therefore should be sufficient, 
and in accord with their work or exercise , but it should 



71 



not be better or more varied than the normal fare of 
the average family. By this criterion, if Ontario's 
institutions err, they do so on the side of generosity. 
Inmates are well fed. They do not suffer from dietary 
insufficiency. Their food, generally, is pJequate in 
quantity, wholesome and we 11 -pre pared, r* though in 
some jails where there is no quail fie* cook it is 
somewhat lacking in variety and preparation. 

The Committee was surprised, however, at the 
great disparity ir food cost? among the various insti- 
tutions, and especially (l) among jails, and (2) between 
most jails and mcst Reformatories and Industrial Farms. 
(See Appendix "C' . ) 

One jail served extremely plain fare that 
might have lacked sufficiency at a daily cost per inmate 
of nearly 50 cents. Another jail, similar in geographic 
and economic location, served food of much better quality 
and variety at the extremely low cost of 29 cents daily. 
In some other county and :ity jails the per diem cost 
was upwards cf 63 and 64 cents. The average cost is 
about 43 cents in jails throughout the Province. 

District jails exhibit even more puzzling 
disparities in costs, Sudbury jail, not far removed 
from Sault Ste . Marie, registered per diem costs of 
34 cents while the cost at the latter jail was 45 cents. 



72 



Fort Prances costs ran to 69 cents. The cost at Kenora 
jail was 66 cents, while at Port Arthur it was only 
31 cents. 

Costs per day in the reformatories and in- 
dustrial farms, exclusive of the Andrew Mercer Reform- 
atory, range from 64 cents at Guelph to 80 and 8l cents 
for Mimico and Burtch institutions and $1.02 at Burwash. 

Mercer Reformatory offers a palatable and 
nourishing fare at a cost of only 52 cents daily. Gait 
Training School's costs are 70 cents daily. 

The obvious difference in the cost of meals in 
reformatories and industrial farms compared with that in 
jails might raise some question. Part of the difference 
is attributable, of course, to the heavier work done in 
the former institutions compared with the relatively 
idle life that jail inmates lead. But part of it is 
attributable to a general dietary level in reformatories 
and industrial farms that tends to be slightly too high, 
and a level in jails that tends to be slightly too low. 
Clearly much closer supervision over diets is needed. 
Such supervision should be maintained by the Depart- 
ment's Dietician. In addition, doctors at each insti- 
tution should check over menus more carefully. 

The employees in charge of food preparation 
should be competent and conscientious and should be 



73 



certified by a doctor as to physical fitness and 
cleanliness. As pointed out in the section on jails 
(Chapter IV), the practice of leaving the responsibility 
to an inmate cannot be condoned under any circumstances. 

(d) Clothing - The Committee found that much 
the same situation exists for clothing as for food. In- 
mates are adequately clothed but two questions must be 
considered: Are they too expensively clothed, expecially 
in Training Schools? Is there any justification for the 
disparity in clothing costs from institution to insti- 
tution? 

As with food, the aim for clothing must be 
adequacy without excess. This aim is carried out satis- 
factorily in adult institutions, but in the three Pro- 
vincial training schools there is cause for doubt. 

At the Ontario Training School, Gait, an 
average of $201.01 is paid each year for clothing for 
each girl. This figure includes $ 144.52 for clothing 
during a girl's stay in the school - an average of 
eleven months - and $56.49 for clothing issued her on 
discharge. Officials at the school point out that most 
girls have practically no clothing when they arrive and 
have to be completely outfitted; that it is in the in- 
terests of effective reformation that they be well 
dressed; that it is essential to successful rehabilitation 



74 



that they go out into the community , on discharge, with 
proper clothing so that they will be much the same in 
appearance as other youngsters. Nevertheless, the 
average taxpayer must wonder at such costs and make 
comparisons with the amount he can afford to spend on 
clothes for his own family, especially when he realizes 
that the clothes for Gait girls are purchased at 
wholesale or special prices. While the Committee is 
most anxious not to interfere in any way with policies 
that are conducive to reformation, and are, therefore, 
economical in the long run, there can be no doubt that 
clothing costs at Gait are altogether too high. It 
should be noted that the cost of clothing children in 
foster homes, admittedly lessened by the use of hand-me- 
downs from older children in the families, is about 
$70; 00 annually. 

The average cost of clothing issues at the 
Ontario Training School, Cobourg, is given by officials 
at the institution as $113.01; and at the Ontario Train- 
ing School, Bowmanville, as $145-36. These schools 
appear to make proper use of such acceptable cost- 
saving methods as re-issuing clothing until it is worn 
out . 

The factors involved in clothing issues per- 
tain to the general policies and practices of trying to 



75 



rescue juveniles from a life of wrong-doing, and they 
are outlined in the section of this Report dealing 
with Juveniles. It is clear, however, that two steps 
should be takan to ensure that clothing costs do not 
become excessive as compared to those for average 
children not in institutions. There should be greater 
effort to have some of the clothing made in the insti- 
tutions- -and this is especially true of Gait; and there 
should be closer overall supervision of clothing pur- 
chases . 

Of the adult institutions, the Andrew Mercer 
Reformatory has one of the lowest annual per inmate 
clothing costs ($29.44), largely because considerable 
inmate clothing is made by the inmates themselves. 
There are wide variations in clothing costs at other 
institutions beyond any logical reasons. They are as 
follows: Guelph $65.05, Mimico $51.37, Burwash $83.14, 
Rideau $25.03, Monteith $56.73, Burtch $27.17 and 
Brampton $84.91. 

It is clear that there should be closer 
overall supervision of clothing purchases in these in- 
stitutions, and as much clothing as is practicable 
should be manufactured by the inmates. 

The clothes issued in adult institutions has 
been criticized in some quarters for its lack of dis- 



76 



tinguishing appearance. The committee disagrees with 
such criticism. While denim work clothes are similar 
to the garb of free workmen and may hinder detection 
of excaped prisoners on occasion, they serve the purpose 
of reformation well and should not be replaced by 
more distinctive clothing such as the striped suits 
employed at one time in some jurisdictions. 

Inspectors - The Department has seven in- 
spectors, including one woman, working under the 
direction of the Chief Inspector. They make periodic 
inspections of all Provincial custodial institutions. 
They spend a day or two at each jail at least once 
every three months, and inspect reformatories, indus- 
trial farms and training schools more frequently and 
at greater length. In addition, they make special in- 
vestigations of disturbances. 

While some of the inspectors are considered 
to have more detailed knowledge than others on certain 
matters, only two are considered to be specialists - one 
in matters of security and one, a woman appointed last 
fall, in matters involving female inmates. 

Inspections of institutions controlled solely 
by the Department appear to be adequate and thorough. 
But inspections of city and county jails leave muoh to 
be desired. An examination of the results of such 



77 



inspections, including the omissions, leaves a question 
as to how the inspectors spend their time at the jails. 
This question has never been answered to the complete 
satisfaction of the Committee. The inspectors check 
books, committal papers and the general cleanliness, 
administration and security measures of jails. In the 
memory of Departmental officials, inspectors never have 
recommended such obvious requirements as gang locks, 
night fire drills and utilization of guard-cooks rather 
than inmate -cooks. 

The procedure of inspectors in suggesting 
improvements falls into two categories: when there is 
a defect that plainly needs immediate correction, they 
make a recommendation - in effect, an order - on the 
spot; and when there are less urgent or more complicated 
defects that inspectors think should be corrected, they 
first confer with the governor, then report to the Chief 
Inspector for his decision on whether an official recom- 
mendation should be made. When a recommendation would 
require expenditure to be carried out, it goes to the 
responsible local council. In theory such procedure is 
sound, and it does work out in practice to the degree 
that there is the minimum of interference with, and 
dictation to, the local governors who have detailed 
knowledge of their own operations. 



78 



It was explained to the Committee that the 
inspectors failed to recommend some of the obvious 
changes that should be made because they felt the 
expense would be too great to get the approval of city 
and county councils. Here is another example of the 
weakness of multiple jail control. Departmental of- 
ficials say the co-operation of councils in carrying 
out recommendations for the improvement of jails has 
been good, but it is obvious that inspectors have been 
carefully screening their recommendations so that those 
they do make will have a good chance of meeting with co- 
operation. Such screening is a concession to civic 
political considerations that should not be tolerated. 
Although it is claimed that such concessions are in the 
best interests of the smoothest possible operation of 
the jail system, the Committee strongly disapproves 
any considerations that are not aimed at the maximum 
success of the reformative program. Inspectors should 
recommend what should be done, regardless of the effect 
their recommendations might have on councils. The 
policy of not recommending officially all necessary 
changes is indefensible as a matter of principle. At 
any rate, decisions of this nature should involve high- 
level policy having nothing whatever to do with the 
inspectors . 



79 



In view of the dubious effectiveness of the 
inspectoral staff, the number of inspectors and the 
total cost of inspection work (upwards of $35,000 
annually) must be questioned. The Province is not 
getting its full money's worth at the present time. 
Both numbers and cost would be fully justifiable, 
however, if the inspectors performed their valuable 
function with more thoroughness and objectivity. 

The Committee commends the specialization 
within the inspection branch, as far as it has gone. 
It is desirable to have a specialist in security and 
another for matters affecting female inmates. But 
further specialization should be instituted to ensure 
the maximum efficiency. One basis for specialization 
certainly should be in regard to small county jails as 
differentiated from large jails. 



-80- 



5. PERSONNEL IN INSTITUTIONS 
General . 

Custody and reformation are not impersonal 
things that can be carried out automatically or by 
formula. They are as personal and as complex as 
human nature itself. Better buildings may be built 
and better methods devised, but all will be to no 
avail unless the individual men and women on the 
staffs succeed in gaining the confidence, respect 
and co-operation of the individual inmates. The 
human factor is extremely important to efficient 
custody and nothing less than vital to successful 
reformation. A syllabus for reformation can be more 
or less effective according to its inherent soundness 
but it cannot possibly rise above the level of its 
personnel. That level, therefore, must be high. 
All personnel dealing directly with inmates must, 
first, be deeply interested in their tasks; and, 
second, be equipped by intelligence, training, per- 
sonality and experience to perform those tasks well. 
They must have an enthusiasm in the future possibili- 
ties of every inmate with whom they come in contact. 
In attitude they must steer the difficult path of 
common sense between the two extremes of the molly- 
coddler and the tyrant. 



-81- 



Since so much depends on the calibre of 
institutional staffs, the Committee has examined 
carefully the factors involved in their selection, 
training, effectiveness and treatment. 

Institutional personnel fall into three 
groups — senior officers, professionally-trained 
persons and guards. They are discussed in detail 
under separate headings below. 

The Committee was pleased to find an 
almost uniformly high standard of senior officers 
and professionally-trained persons in Ontario's 
institutions, as well as a great many excellent or 
promising guards. But there is a serious and basic 
deficiency in staffs, especially in the ranks. They 
lack experience. Guards come and go much too rapidly 
to permit the maximum effectiveness of a reformative 
program. A large portion of the personnel who have 
close daily contact with inmates is continually 
changing, as emphasized by figures showing that a 
turnover of up to 50 percent, annually is common in 
some custodial institutions. 

Certain problems involve all three groups. 
A major one is salaries, which are too low to attract 
and hold enough good personnel. Guards and profes- 
sional persons are particularly ill paid, and it is 



-82- 



not sur prising that many of them work in institutions 
for only a few months before moving on to better-paid 
positions in other fields of endeavour. It is the 
exception rather than the rule to find recruits who 
are willing to make a career of their work. The 
Committee is convinced that the type of employees who 
are capable of carrying out effective custody and 
reformation require qualities that should command much 
more adequate salaries. So long as such salaries are 
not paid there will continue to be a scarcity of the 
high-calibre personnel on whom depends the success of 
the whole system. 

Another problem affecting all groups of 
employees is the lack of sympathy between the custodial 
and reformative points of view. These points of view 
are compatible and must go hand-in-hand in an effective 
program. Yet there are too many professional persons 
who are reluctant to make any concessions at all to 
essential factors of custody, and too many guards and 
other non-prof essional employees who adopt an overly 
stern, unbending, strictly "custodial" attitude and 
scoff at reformative efforts. It is to the credit of 
superintendents and other s enior officers that conflict 
between these viewpoints has been kept to a minimum, but 
the conflict can only be reconciled permanently by 



■83- 



inauguration of a program of extensive, well-rounded 
in-service training for personnel of all groups. 

A preliminary step toward better meshing 
of gears would be installation of card indexes on the 
inmates in each corridor, detailing their individual 
records, histories and backgrounds. Too often the 
guards are told only the inmates' names, ages, crimes 
and sentences. They are not provided with the 
supplementary data that plays such a large part in 
reformation and professional treatment. Such a card 
indec system should be instituted as soon as possible, 
and guards should be given the greatest possible 
encouragement to familiariaze themselves with the 
information and to consult, formally or informally, 
with the professional personnel about the details. 

Still another step toward closer co- 
ordination should be the holding of regular staff 
conferences to talk over the problems of handling 
inmates, both generally and in specific cases, from 
the different points of view. Such staff conferences, 
to the extent desirable, are non-existent at the 
present time. 



-84. 



Senior Personnel . 

The senior officers in Ontario 1 s 
custodial institutions deserve high praise. They 
display an interest in their work that in many cases 
extends far beyond their technical responsibilities, 
and they try hard to do a conscientious, carefully- 
disciplined job which aims at the best possible 
administration of the institution, proper custody and 
the reformation of the inmates. They are objective 
and just when inmates are brought before them for 
disciplining, giving fair hearings and fair punish- 
ment to the best of their ability. Junior personnel 
and the inmate populations generally hold the senior 
officials in high regard. Favoritism and pampering 
are notably absent. 

The senior officers are sincerely concern- 
ed for the welfare of their men and of the inmates in 
their charge. Deficiencies in the reformative system 
cannot be blamed on them, and only rarely do they make 
errors of judgment in day-to-day operation. 

However, the Department would be well 
advised to do their senior officers the courtesy of 
prior consultation whenever promotions, additions or 
retirements affecting their staffs are considered. 
Although it is the Department's policy to do . so , the 



■85- 



Committee learned of one major failure to carry out 
the policy, and hard feelings and administrative 
difficulties were the result. 

It would seem logical that senior 
personnel, in co-operation with Head Office, would 
have a confirmed establishment of the number of 
personnel necessary for efficient operation. Such 
is not the case. At the Ontario Reformatory, 
Guelph, the Committee encountered drastic differences 
of opinion as to the minimum staff required. This 
sort of confusion could lead to serious difficulties 
of both security and administration. The situation 
should be rectified at once by agreement on minimum 
establishments at all reformatories and industrial 
farms. 

Professional Personnel 

Custodial institutions no longer are 
merely places with bars where offenders against the 
law are "put away". Instead of holding persons in 
custody and nothing more, they are intended to attempt 
the complex and difficult task of reformation. As 
the importance of reformation has grown, so has the 
importance of professionally-trained persons on 
institutional staffs. Their pool of knowledge, in 
the social as well as the physical sciences, is an 



-86- 



indispensable part of the reformative program. 
Psychologists and psychiatrists, as 
students of the human mind, have a particularly 
important role. The factors leading to crime are 
deep-rooted and varied, and for a great many inmates 
these factors can best be diagnosed and treated by 
those whose training equips them to study and assess 
such intangible things as attitudes and personality. 
Yet no Provincial institution has a full-time 
psychiatrist and only four institutions, three adult 
and one juvenile, have part-time psychiatric services. 
There are full-time psychologists at five institutions, 
four adult and one juvenile. Salaries for the part- 
time psychiatrists range from $1,800 to $4,000; for 
the psychologists from f 2,840 to $3,600. At such 
wages it is not surprising that few able psychologists 
wish to stay for long in the employ of the Department 
of Reform Institutions. The Department tends to 
attract mainly junior psychologists who move on to 
more lucrative fields after gaining experience. Be- 
fore the reformative program can have any hope of 
reaching its maximum effectiveness, the number of 
institutional personnel from these two professions 
must be considerably increased and their salaries must 
be raised to a level more comparable to those they 
could command elsewhere. 



-87- 



Doctors and dentists, besides their 
routine duties, have the responsibility of spotting 
and helping to cure those basic causes of criminal 
inclination that arise from physical disability or 
other physical factors. It is regrettable that, 
except at Burwash, there are no full-time doctors at 
Provincial institutions; and except for Burwash and 
Guelph, no full-time dentists. This fact makes 
malingering more likely at many institutions, since 
the doctor has insufficient time to investigate an 
inmate's supposed troubles thoroughly and decide on 
their seriousness. One departmental official com- 
mented that repeaters who want to avoid work "know 
all the symptoms" and it is quite possible that able- 
bodied men might contrive to get a doctor's certifi- 
cate of inability to work although a more thorough 
examination would have disclosed otherwise. 

The doctors at Guelph and Burwash have a 
maximum salary of $6,000, the dentist at Burwash a 
maximum of $5,000. Part-time doctors are paid from 
$1,200 to $1,500, and part-time dentists $15 per half- 
day. As with psychiatrists and psychologists, such 
payments do not compare favourably with payment for 
similar services elsewhere. The part-time arrange- 
ments are particularly bad. Besides the fast that 



-88- 



doctors and dentists are given professional fees 
that would seem somewhat presumptive on their good- 
will and sense of duty, they have limited time for 
institutional examinations and at most institutions 
have to work with limited facilities. Doctors and 
dentists are rendering excellent service in view of 
the many adverse factors, but it is obvious that 
these factors should be corrected. 

Doctors and dentists should be hired on 
a full-time basis wherever possible, and their pay 
should be more adequate. Full-time services cer- 
tainly should be arranged for the benefit of all four 
reformatories and the Industrial Farm, Burwash. 

Both efficiency and economy would be 
served if, in areas where no institution is large 
enough to justify the full-time services of a doctor 
or dentist, they were assigned to a group of three 
or four institutions. For example, a suitably-based 
doctor hired full-time could serve the Industrial 
Farm at Bur ten, the Reformatory at Brampton and the 
Training School at Gait. In event of emergencies a 
local doctor could be called in. 

At the present time it would not appear 
to be feasible to establish full-time medical and 
dental services in most jails because of small inmate 



-89- 



populations and considerable distances between 
them. When the Department of Reform Institutions 
assumes control of city and county jails as recommend- 
ed in this report, however, suitable provisions could 
and should be made to establish fuller medical and 
dental services. 

Chaplains are on a part-time basis, an 
arrangement that does not permit the optimum contri- 
bution of their valuable services to the reformative 
process. Their work and its benefits are outlined 
fully in Chapter VI under "Spiritual Guidance. 1 ' 

Teachers, both academic and vocational, 
try to prepare inmates for rehabilitation to normal 
law-abiding lives on their return to society. They 
impart knowledge and training to overcome basic 
deficiencies and, in a broader sense, they try to help 
stimulate the inmates' thinking to wider, sounder con- 
cepts. Salary ranges for academic teachers are from 
$1,940 to $3,300, and for trade instructors from 
$2,140 to $3,600. Head teachers (at Guelph and Bur- 
wash) can reach a maximum of $3,900. While their 
responsibilities and aims are intricate and difficult 
of realization, the salaries offered are not high 
enough to encourage well-qualified persons to stay on 
the job long enough to accumulate the experience needed 



-90- 



for effectiveness. As with previously mentioned 
professions, the salaries for academic and vocational 
teachers should "be raised to a level comparable to 
salaries elsewhere for the same professional endeavour. 

Information supplied by the Department 
showed that counsellors are employed only at Guelph, 
Burwash and the Training School at Gait. This 
indicates a very serious gap in professionally-trained 
personnel. While a counsellor need not have training 
in psychology or sociology to be effective, such train- 
ing would be helpful when combined with the suitable 
attitudes, interests and personality. Counsellors' 
salary range is from $2,140 to $2,940 -- certainly 
not sufficient to be attractive to highly qualified 
persons. In the interests of reformation there should 
be counsellors at all institutions and their salaries 
should be commensurate with the intricacy and importance 
of their duties. 



-91- 



Guards 

The traditional and basic duty of guards is 
custodial. They see that the inmates follow institu- 
tional rules, obey orders and are kept in secure 
custody. At one time that was all they were expected 
to do because the whole purpose of institutions was to 
punish offenders by segregating them from society and 
making them work. Now, with reformation superimposed 
on these purposes, the function of guards has become 
more complex. 

Guards are the only staff members who are in 
close and continuous contact with all the inmates all 
the time. Generally, they have the greatest influence 
on inmates, for good or for bad, of any group of 
personnel. A guard who is disinterested, embittered or 
otherwise incapable of commanding respect and co-opera- 
tion, is likely to cause discontent among inmates and 
thus to place in jeopardy both efficient custody and 
effective reformation. On the other hand, a guard who 
does command respect and co-operation engenders a good 
initial attitude in the inmates that is an invaluable 
asset to the institutional program. The ideal guard is 
one who is bent on making a career of his work, who 
carries out his duties with meticulous care, who neither 
toadies to his charges nor is disrespectful to his 
superiors behind their backs. He is fully aware of the 
importance, the methods and the aims of both custody and 
reformation. In a practical way he is a combined 
teacher-psychologist-counsellor as well as a custodial 
officer. 



-92- 



To possess such qualities a guard must be 
intelligent and able. To put them into effect to the 
credit of his institution he also must be experienced. 
The lack of experience of a disproportionate number of 
guards constitutes a very serious obstacle to proper 
operation of Ontario f s reform institutions. Too few 
guards are professionals making a career of their work 
and too many are, in effect, casual laborers who regard 
their service as just another job. Consequently, the 
turnover of guards is extremely heavy. 

During the seven-year period ending March 31; 
1953, guard turnover in Ontario T s institutions for 
adults (excluding jails) was no less than 260 per cent. 
The Department lost 1,627 guards, almost all through 
voluntary resignation. Those who resigned had been on 
the job an average of only 10 g months. 

The following rough percentages show the 
changes in personnel, mostly guards, during the fiscal 
year 1952-53: 

Guelph Reformatory - 60 per cent 
Mimico Reformatory - 43 per cent 
Burwash Industrial Farm - 26 per cent 
Rideau Industrial Farm - 12.5 per cent 
Lionteith Industrial Farm - 30 per cent 
Burtch Industrial Farm - 35 per cent 
Brampton Industrial Farm - 66 per cent. 

Lack of a sufficient number of employees to 
provide adequate supervision for security, to say 
nothing of reformation and rehabilitation, was found at 



-93- 



some institutions. On one visit to Guelph Reformatory 
the Committee learned that the total of 15# custodial 
officers was 32 short of the number considered by the 
superintendent to be necessary. 

There can be no doubt of the main reason for 
staff turnover and shortages. It is low salaries. 
Other reasons include long hours, lack of adequate 
incentive and the hazardous and somewhat unattractive 
nature of the work. 

In the testimony of the guards, no one 
subject was mentioned with more frequency and emphasis 
than that of salaries. Th.re can be no doubt that 
guards' remuneration is not attractive enough to 
interest many personnel of the calibre desired. More 
adequate salaries are necessary to obtain such per- 
sonnel and to keep them contented, with the qualifica- 
tion that salaries should never become excessive and 
so attract those whose main concern is money. (Past 
and present scales of pay indicate that there is no 
danger of such excesses.) Salaries should be high 
enough that guards can afford a living scale of modest 
comfort for themselves and their families. And they 
certainly should be high enough to enable the Depart- 
ment to select its personnel carefully and with dis- 
cretion, instead of being forced into a position of 
having to take almost anyone who applies. 

The position of guard, in itself, is a 
difficult one. It involves more mental strain and 
responsibility than many other types of work. The 



-94- 



number of applicants who are eager to make a career of 
custodial and reformative duties despite low pay is 
small and will continue to be small. Low salaries and 
difficult work form a combination that inevitably 
results in high turnover. 

Under the existing salary scale, a recruit 
starts at $2240 plus $120 cost-of-living bonus and goes 
up by four semi-automatic yearly increments of $100 
each to the guards' maximum of $2640 plus $120. Thus a 
guard in his first year of service draws a gross monthly 
salary of $196.66. From this are deducted $9.70 for 
retirement fund, $19.10 for income tax (single, no 
dependents) , $2.08 for unemployment insurance and $4.00 
for uniform deduction. His take-home pay is $l6l.7$ } 
or a little less than $39 a week. After four years of 
service, it rises to about $45 a week. A married man 
with dependents, paying less income tax, takes home 
only a few dollars a week more. 

Perquisites offer limited additional advantages 
in such forms as cheap meals and, in some places, low- 
rental housing. But perquisites vary in different 
institutions and, at any rate, they are a flimsy and 
unconvincing substitute for higher salaries. 

Another additional advantage is the opportunity 
to participate in a fairly liberal pension plan. This, 
too, is no real substitute. A guard, especially a young 
one, gains little consolation for the meagre amount on 
his pay cheque through the thought that in 30 or 40 
years he will receive a pension. The attractiveness of 



-95- 



a Government pension has declined in recent years as 
many private industries have instituted good pension 
plans . 

To obtain and keep guards who will consist- 
ently be a credit to the system, and who will make 
their work a career, the salary should be high enough 
to (1) provide an adequate living and (2) provide a fair 
return for the hazards and difficulties of the work. 

It is interesting to note how guards' 
salaries in Ontario compare with salaries for corres- 
ponding work elsewhere in Canada and in bordering 
states of the U.S. Following are first-year guards' 
salaries, taken to the nearest dollar: 

Ontario |197. 

Ohio 276. 

Michigan 261. 

New York 284. 

Pennsylvania 273 . 

British Columbia 210. 

Alberta 225. 

Some other states, particularly in the 
Southern U.S., and some over provinces pay below the 
Ontario figures. 

Irrespective of salaries, the working hours 
of Ontario guards are not satisfactory. They work a 
48-hour week compared to 44 and 40 hours in most out- 
side businesses and industries. Clerical employees in 
the institutions themselves work a 40-hour week. 

For guards, aggravating factors are the need 



-96- 



to work overtime without compensation when seeking 
escapees and, in some cases, the need to work incon- 
venient night shifts. At Guelph, for example, shifts 
start at 8 a. in., 11.45 a.m., 5.45 p.m. and 3«14 a.m. 
(although Burwash, similar in size, has only three 
shifts starting at about 7.45 a.m., 5.15 p.m. and 
12.45 a.m.) 

An old theory of prison administration still 
governs the overtime work of looking for escapees, or 
"runaways" as they are called in the open institutions. 
That theory was that no one escaped except through the 
negligence of a guard, and it kept all guards alert to 
know that they would have to work overtime if they let 
a prisoner get away. Two of the obvious flaws in the 
theory are that it results in unpaid overtime for many 
guards besides the one who may have been responsible for 
the escape, and it assumes that no good guard will ever 
make a mistake -- an assumption that is mistaken for any 
human being and is particularly presumptuous for low- 
paid guards. The Committee sympathizes with the feeling 
expressed by some guards that, having regard to their low 
salaries, the overtime requirement adds insult to injury. 

Forced overtime without an}' form of compensa- 
tion is a bad principle. A fair and sufficient deterrent 
is the knowledge that flagrant laxity or misconduct will 
bring disciplinary action, possibly even dismissal. In 
the interests of fairness and staff morale, guards should 
be properly compensated for any overtime they may be 
called upon to work. 



-97- 



Another step toward raising the level of 
guards 1 status should be a system of promotion laying 
greater stress on merit than is now the practice. The 
Committee approves the Department's recent action in 
adding more corporal's posts to its complement so that 
guards could be promoted from the ranks and receive 
higher pay when they assumed great responsibilities. 
But the inferior guard still rises at the same rate as 
the superior guard to the maximum for that position. 
Only rarely, when there were serious marks against a 
man's record, has the $100 annual increment been 
withheld. 

A much sounder system for guards would be to 
require proof ability, as well ss experience, before an 
increment is granted. Such a system would compare with 
that employed by some police forces and private indus- 
tries. A recruit might start as Guard, Fourth Grade, 
and advance by stages to Guard, First Grade, through 
experience and obvious ability plus examination. 

Recognition should be given to particularly 
meritorious service by guards and officers and to long 
and faithful service. At present, there is no pro- 
vision for either. Such recognition, set up on an 
equitable basis, could be expected to add to staff 
morale. Awards could be in the form of merit mark 
chevrons to be worn on uniforms. 

Staff Training 

Before a recruit is allowed to participate in 
the complicated processes of custody and reformation, 



-98- 



he not only should be carefully screened and checked for 
proper qualifications, but also should have adequate pre- 
service training. This is the professed policy of the 
Department. Unfortunately, the tremendous turnover among 
personnel makes it necessary for guards to be taken on 
for immediate duty at some institutions. 

With such exceptions, the Department gives 
every recruit a six-week training course at the Staff 
Training School at Guelph Reformatory before placing him 
on a custodial staff. The course itself is satisfactory, 
giving new guards the basic knowledge they need and an 
insight into the broad aims of the system. The Department 
deserves commendation for establishing this course. 

But basic training is not enough. Refresher 
courses and advanced courses should be given to exper- 
ienced personnel. This tvpe of training is not now 
available, although the Depqrtment has taken one step in 
the right direction by sending some senior officers to 
university courses in such things as sociology. The 
Department has considered starting a training program 
for senior personnel but has never done so, largely 
because of the complications of heavy staff turnover. 

As pointed out above, one of the aims of in- 
service training should be to consolidate, in the 
thinking of individual staff members, the interlocking 
needs and values of custody and of reformation. 

Staff Housing 

Housing difficulties are an important contri- 
buting factor in the problems of turnover and 



-99- 



inexperienced personnel. In growing industrial centres, 
the rents are high and many guards find that they cannot 
afford suitable accommodation for themselves and their 
families. The Committee learned that promising and 
interested guards have regretfully left the service for 
this reason. If these guards had been able to obtain 
suitable housing at a reasonable rental close by the 
institution they probably would have stayed in the 
service even though their salaries were below the pre- 
vailing level in the district. 

The housing problem is a thorny one. While 
the Committee dislikes the principle of setting up the 
Department of Reform Institutions as a landlord to a 
great many of its employees, steps must be taken to 
ease housing problems in order to make it possible for 
the Department to discharge fully its responsibility 
of building up the best possible institutional staffs. 

At present, as detailed in the Property 
section of this Report, the Department provides housing 
for all employees at Burwash Industrial Farm and pro- 
vides some housing, especially for single men, in other 
institutions. The main drawback to the existing housing 
arrangement is its inequality -- if a guard is able to 
live in a staff dwelling, he pays a much lower rent than 
if he has to live elsewhere. Inequality is particularly 
noticeable at the institutions at Guelph and Burtch, 
located in areas where housing costs are high because 
of expansion and high wage levels. 

Burwash is in an isolated location, 30 miles 



-100- 



from Sudbury. The Department achieved a satisfactory 
temporary solution to the unique problem there by 
building houses and apartments for all married 
personnel (utilizing inmate labor) and accommodating 
all single officers in staff dormitories. There could 
have been no other solution, since Sudbury is too far 
distant for commuting, especially in winter. The 
Committee favors replacement of temporary housing at 
Burwash with permanent structures, ana favors adjusting 
of rents in line with a general adjustment of per- 
quisites and salaries. 

At some other institutions, some guards find 
that the only economical plan is for them to maintain 
two residences -- a room for themselves, usually at the 
institution, and a dwelling at a distant place for their 
wives and families. They see their families only on 
days off. Such situations obviously are unfair to the 
guards and unsatisfactory to the institutions, since 
staff contentment and morale are affected. 

Under the existing arrangement, transfer from 
one institution to another, even at an increased salary, 
may involve a sizeable financial sacrifice because low- 
rental staff housing is available at one place and not 
the other. 

There are three possible solutions to the 
housing problems of institutional personnel. One is 
simply to raise salaries to a level that would make it 
possible for employees to afford proper housing at the 
going rate in the community. The second is to build 



-101- 



sufficient and suitable accommodation on or adjacent to 
institutional pro erty for rental to all staff members 
who desire it. The third is to make an agreement with 
a housing firm, such as Central mortgage and Housing 
Corporation, to build houses on or adjacent to the 
properties that would be sold at reasonable prices to 
staff members. In the event of an employee leaving the 
institution, his house would be sold back to the De- 
partment or the housing firm on a fair basis so that it 
could be re-sold to another employee. 

Some guards raised questions as to the advis- 
ability of housing institutional staff together in a 
"prison community". They thought it inadvisable for men 
working together during the day to be neighbours in a 
housing project. They thought the effect on staff 
generally, and on the families of staff members, would 
be unfortunate. The Committee finds a considerable 
degree of validity in such arguments. Additional staff 
housing would be justified only where high rentals in 
the community made it absolutely necessary. 

Therefore, the solution to housing problems 
should be effected by a two-fold method; raising of 
salaries (along with adjustment of perquisites) and 
erection of homes in co-operation with a housing firm 
for sale to staff members, as outlined above, at 
institutions located in high-rental communities. Such 
housing would provide an incentive to guards to stay in 
the service. 



-102- 

Industrial Farms 

The Department now operates four industrial 
farms -- Burwash, Rideau, Monteith and Burtch. All 
except Burwash were set up immediately after the war 
by use of surplus military buildings of temporary 
structure. Chief purpose of these farms is to provide 
for the incarceration and useful employment of all 
offenders in the district serving terms of about three 
months or more . 

The Burwash farm, just south of Sudbury, is 
the oldest now operating, and by far the largest. In 
addition to taking short term prisoners from the 
immediate district, this institution takes most of the 
longer-term repeaters (with sentences of up to two 
years less one day)from the entire Province. Means 
are provided for such rehabilitation as is possible 
under the present system. There is a variety of 
industry, as outlined elsewhere in this Report. 

Provincial authorities deserve commendation 
for extending the industrial farm system. Ontario 
was the leader in this country in the development of 
industrial farm type of accommodation for offenders. 

The principle of industrial farms, as their 
name implies, is excellent: to provide an abundance of 
work for the inmates. More specific comments on each 



-103- 



particular institution are made elsewhere in this 
Report, but it should be generally noted that the 
three post-war farms had a big initial handicap. All 
have only temporary buildings, employed the dormitory 
system of housing, and have extremely poor terrain to 
develop. partly for these reasons, they have not 
lived up to their names. 

The industrial farm system gradually should 
be extended further. New industrial farms would 
take the pressure off over-crowded jails and eventually 
should replace jails altogehter as custodial institutions , 
except for purposes of lock-ups and sentences of seven 
days or less. 

There have been reports over a period of time 
that the Department of Reform Institutions plans to 
establish three or four new industrial farms. No 
specific information on this topic was ever given 
the Committee. On the basis of available evidence, 
it would appear that such plans are very long range 
and indefinite,, with one exception. A property at 
Fort William, used in recent years as a mental 
hospital, is due to be returned to the Department of 
Reform Institutions for re-conversion to its original 
function as a custodial institution. The transfer 
has been pending for some time but the Committee was 



-104- 



told that no definite date has been set. This 
transfer should take place as soon as possible to 
fulfill the obvious need of Northwestern Ontario for 
an industrial farm. 

The existing situation in Northwestern Ontario 
is in some ways typical of situations elsewhere which 
could be alleviated by establishment of new industrial 
farms. The District jail at Kenora has a capacity 
of 28 and yet, in the year ending March 31, 1953, an 
average of 37.9 prisoners daily were crowded within 
its walls. At one time, 57 persons have been 
accommodated there . The District jail at Port Arthur 
has a capacity of 90 but has held as many as twice 
that number, with the average for the year being 1938. 
The District jail at Fort Prances, with capacity of 12 
and average daily population of eight, is the only one 
in the area with sufficient accommodation for its needs. 

Thus, for reasons of physical accommodation 
alone, it is clear that a new industrial farm at Fort 
William would serve a valuable purpose. 

But there are further reasons for industrial 
farms that are, in the long range, equally important 
and that apply with equal force to all parts of the 
Province. A jail just is not a place of reformation. 
A system that hopes to embody reformation as a main 



I 



-105- 



aim cannot function in jails. The deficiencies of 
jails are outlined in some detail in the following 
section of this Report., and it should be indisputable 
that industrial farms, with provision for work programs, 
are much superior to jails for the purposes of reforma- 
tion and long-range protection of society. 

The four industrial farms now in operation 
are situated near Sudbury (Burwash), Brantford (Burtch) , 
Burritt's Rapids (Rideau) and Cochrane (Monteith). The 
most obvious need for another farm is at Fort William, 
but study should be given to establishment of further 
industrial farms in the most easterly section of the 
province, in the most westerly area and in the Toronto- 
Hamilton area. Such a study should take into 
account, the reform rate possible in an industrial 
farm as contrasted with the reform rate possible in 
a jail, and compute the long-range costs and savings. 
The Committee is convinced that the expense of further 
industrial farms, strategically located geographically 
after careful surveys, would be offset over a long 
period by the savings resulting from reduced 
recidivism. 



-106- 



Re commendations 

On the basis of the findings outlined above, 
the Committee makes the following recommendations: 

1. That the chain of command in the Department 
of Reform Institutions be clarified, especially at the 
upper levels, and that responsibilities be more clearly- 
defined, to ensure maximum efficiency of operation. 

2. That the importance of the position of Chief 
Psychologist be recognized by a more adequate salary, 
an adjustment of r esponsibilities and full consultation 
regarding future development of Departmental programs. 

3. That the position of Farms Administrator be 
clarified as to responsibilities and powers. 

4. That adequate staff and facilities be provided 
for an expanded statistical division that can supply 
complete data on all phases of the Department's 
operation. 

5. That the Supervisor of Construction maintain 
closer liaison with the Department of Public Works and 
be consulted fully regarding the maximum employment of 
inmates. 

6. That diets and food costs be more closely co- 
ordinated and supervised through the Dietician and the 
doctors at the various institutions. 

7. That clothing costs be more closely co-ordin- 
ated and supervised from the Department's head office. 

8. That the Ontario Reformatory, Brampton, be re- 
named so that in name as well as function, it is 
clearly distinguished from other institutions. 



-107- 



9. That Burwash Industrial Farm be re-named as the 
Burwash Provincial Frison in keeping with its basic 
functions of hard work and detention for repeaters, as 
recommended elsewhere in this Report. 

10. That necessary changes be made in the system of 
transporting prisoners to ensure the maximum economy and 
speed. 

11. That as much food, clothing and other items as 
possible be inmate-produced for the purposes of economy 
and inmate industry. 

12. That the opportunity of obtaining days off for 
good behaviour be extended to all inmates, including 
those serving short sentences, in all reformatories, 
industrial farms and jails. 

13. That inspectors be more thorough and objective 
in inspections of jails end that they recommend all 
changes that should be made in the interests of 
security and the efficiency of custody and reformation, 
regardless of any other considerations. 

14. That salaries of institutional personnel be 
raised to a level that will attract a consistently high 
calibre of employee and will provide incentive for 
making a career in custodial and reformative work. 

15. That better understanding of the broad aims and 
methods of institutions be promoted through: 

(a) in-service training for all personnel; 

(b) installation of card indexes, to be 
suitably pieced in each institution, 
detailing the individual records, 



-108- 



histories and backgrounds of each inmate 
for the information and guidance of 
guards ; 
(c) holding of regular staff conferences to 
discuss general and specific phases of 
the institutional program with repre- 
sentatives of all types of personnel 
involved. 

16. That senior personnel, in consultation with 
higher Departmental officials, establish with more 
exactness the complement necessary for the best possible 
operation of each institution. 

17. That Superintendents be consulted fully con- 
cerning all staff changes contemplated at the institu- 
tions which they direct or which they are scheduled to 
direct in the near future. 

IS. That more psychologists, psychiatrists, and 
counsellors be added to institutional staffs to guide 
reformative programs. 

19. That doctors and dentists be hired on a full- 
time basis wherever possible and economical. 

20. That guerds be properly compensated for all 
overtime work. 

21. That guards advance in status and salary by a 
system that examines merit and capability as well as 
recognizing experience and general ability. 

22. That employees be suitably recognized for 
meritorious service and for long and faithful service. 



-109- 



23. That all guards be given instruction in the 
Staff Training School before assuming regular duties. 

24. That refresher and advanced training courses 
be instituted for experienced personnel. 

25. That the Department of Reform Institutions, 
in co-operation with a housing firm, erect houses on or 
adjacent to institutional properties in areas where 
normal private housing is prohibitively expensive; such 
dwellings to be sold at reasonable prices to institu- 
tional personnel on the condition that, should they 
leave the employ of the institution, the Department or 
the housing firm may buy back the homes at a fair price 
for re-sale to other personnel. 

26. That the hospital property at Fort William 
be returned to the Department of Reform Institutions 
as soon as possible for the establishment of an 
industrial farm. 

27. That a detailed survey be made immediately, 
taking into account the long-range savings through 
reduced recidivism that could accrue from industrial 
farm operation, to decide on the advisability of 
establishing more industrial farms elsewhere in the 
province . 



- 110 - 



CHAPTER III 



CUSTODIAL PROPERTIES 



1. INVESTMENT AND GENERAL CONSIDERATIONS 



The Department of Reform Institutions 
operates four reformatories, four industrial farms, 
three training schools and eight district jails. In 
addition, the Department of Reform Institutions shares 
the cost and control of five other training schools, 
owned and operated under Roman Catholic auspices, and 
thirty-seven city and county jails, owned and operated 
by two cities and thirty-five counties. 

The following table indicates the Irovince's 
investment in the properties which it owns and over 
which it has sole control. 



- 111- 



DEFARTMSNT OF RIFORH INSTITUTIONS 

Cost of Land, Buildings, Equip ment and L ivestock 

Cost of land, Estimated value 
buildings and of plant or farm 
equipment as equipment and 
expended by livestock as per Total 
Dept.of Public inventories of Estimated 
Works to March inarch 31st., cost to 
Institution 31st. , 1953 1953 Mar ch 31 » 19 5 

Ontario 
Reformatory, 

Guelph | 2,951,237.03 $ 74,853.94 ( 3,026,090.9' 

" Mimico 510,050.73 23,283.00 #33, 333.7; 

" Brampton 507,307.50 27,931.53 535,239.0; 

Mercer Reformatory, 

Toronto 421,391.62 253.10 421, 644. 9^ 

Industrial Farm, 

Burwash 2, 259, 315. 33 119,143.00 2,373,463.3* 

» Monteith 722,359.35 33,721.55 756, 531. 4 ; 

Rideau Ind.Farm, 

Burritt's Rapids 590,275.76 15,973.67 606,254.4 

Burtch Ind.Farm, 

Brantford 502,373.12 9,435.40 511,303.5 

Totals for 

Reformatories and 

Industrial Farms ^8,764,811.19 $ 304,605.19 $9,069,416.33 



Ont. Training 

School for Boys, 

Bowmanville 933,236.37 15,300.25 1,004,087.1; 

Ont. Training 

School for Boys, 

Cobourg 524,647.06 6,209.50 530,856.56 

Ont. Training 

School for Girls, 

Gait 404, 421.31 11,483.00 415,904.31 

Totals for 

Training Schools $1 ,917 ,355 .24 * 33,492.75 $ 1,950,847.99 



- 112 - 



Cost of Land, Buildings, E quipment and Livestock 



Institution 

Totals 

Brought Forward: 

Reformatories & 
Industrial Farms 

Training Schools 



Cost of land, 
buildings and 
equipment as 

expended by 
Dept.of Public 

T- rorks to 
March 31, 1953 



| 8,764,311.19 
1,917,355.24 



Estimated value 
of plant or farm 

equipment and 
livestock as per Total 

inventories of Estimated 
March 31? cost to 
1953 March 31,19! 



j> 304,605.19 I 9,069,416.38 
33,492.75 1,950,847.99 



District Jail, 
Fort Frances 

i? Haileybury 

n Kenora 

" North Bay 

»t parry Sound 

" Fort Arthur 

" Sault Ste. Marie 

" Sudbury 

Totals for 
District Jails 



68,307.68 
114,761.41 
100,964.73 
241, 144.36 
161,630.15 
236,686.77 
200,200.49 
2 39,473. 49 

I 1,363,169.08 



68,307.68 
114,761.41 
100,964.73 
241,144.36 
161,630.15 
236,686.77 
200, 200. 4S 
239, 473. 4S 

( 1,363,169.06 



Grand Totals: 



»12, 045, 335. 51 ^33^,097.94 $12, 383 ,433 .45 



(The above includes expenditures made since the 
establishment of the institutions and does not 
represent present day values.) 



- 113 - 

Divided Cont rol 

Three Departments are involved in the 
establishment of such institutions. The Department of 
Highways purchases the land in conjunction with the 
Department of Public Works; the Department of Public 
Works does or supervises construction and installs 
equipment; and the Department of Reform Institutions 
finally takes over control and responsibility. While 
the Department of Reform Institutions is responsible 
for maintenance and certain repairs, the Department of 
Public Works retains the title to the property and is 
called in to make major repairs, additions and 
renovations . 

Such duality of control is necessary in view 
of the fact that the Department of Public Works 
specializes in technical problems of construction, 
engineering and maintenance. But the existing arrange- 
ment hinders the efficient operation of reform institu- 
tions in some respects and therefore is in nued of 
revision. 

Workmen on repair and renovation jobs at 
Reform Institutions may be employees of the Department 
of Public Works or employees of a contractor responsible 
to the Department of Public Works, Although their 
actions and behaviour can endanger security and morale, 
the superintendent of the institutions where they are 
working has no direct control over them. The Committee 
heard evidence that such workmen have be^n suspected of 
bringing in contraband, have bantered in an undesirable 



- 114 - 

wey with inmates, and have even set a bad example to 
inmates by lackadaisical work habits. This sort of 
behaviour, while it may be rare, certainly constitutes 
an obstacle to good management of institutions in the 
interest of reform. 

Furthermore, the employment of all able- 
bodied inmates is essential if the best possible 
results are to be obtained from the programs in our 
reform institutions. Construction and repair jobs 
provide an opportunity for employment that the superin- 
tendent cannot grasp when they are done or supervised 
by the Department of Public T7 orks. 

Therefore it is clear that general liaison 
between the Department of Public Works and the Department 
of Reform Institutions should be closer, and that super- 
intendents of reform institutions should be empowered with 
much greater control over' works projects on their pro- 
perties. There should be a maximum utilization of inmate 
labor on works projects, including inmate tradesmen when 
available, and each Superintendent or Governor should 
have the power of veto, for good, reasons stated confi- 
dentially, over who shall be allowed to work on projects 
on the property of his institution. 

Segregation 

Generally speaking, Ontario's reformatories, 
industrial farms, training schools and jails are far 
from ideal for their purpose. The Committee found them 
to be clean and well kept, but even in the best of them 
there was inadequate space for segregation. (The need 



- 115 - 

for more segregation is outlined in Chapter VI) In some 
institutions there are temporary frame buildings that 
should be replaced progressively by permanent structures. 
In all jails and some reformatories and industrial farms 
there are inadequate facilities for putting the inmates 
to work. In many jails the deficiencies of the accommo- 
dation are so extensive as to bb shocking. 

The segregation problem will be eased somewhat 
when the Department builds a high security institution 
for more difficult offenders. The general plans for such 
an institution have been approved by the Legislature and 
the Department plans to start work on it shortly at 
Killbrook, n^ar Peterborough. The estimated cost, as set 
aside in the Estimates for 1953-54, is &2, 500, 000. 

It has been noted in a previous chapter that, 
should Ontario's population and crime ratio continue to 
follow the trends established in the past, the number of 
those sentenced to custodial institutions in 1963 could 
be as much as 50 c /o higher than the number sentenced in 
1952. Such an increase would call for a building 
urogram of major proportions. 

The Committee makes certain recommendations in 
this Report that, when implemented, could be expected to 
ease pressure on custodial institutions in the future. 
It would be dangerous and unrealistic, however, to make 
plans on the assumption that the population in custodial 
institutions will fall much b^low its present level in 
the next decade. All existing institutions should be 
brought up to a proper standard, and additions to these 



- 116 - 

properties should be made as outlined in this Report, in 

order to provide accommodation that will best serve the 

purposes of custody, reformation and the protection of 
society. 

Temporary Structures 

One of the most urgent steps in bringing 
existing properties up to a proper standard must be the 
replacement of temporary structures. The need to do so 
is obvious. These frame structures were built originally 
for the Armed Forces during World War II and they were 
never intended to last more than 10 years or so. Nor 
were they designed for the custody of offenders against 
the law. The fact that they are in many cases an eyesore 
is incidental to the facts that they become fire hazards, 
become rundown, require expensive heating and maintenance, 
and encumber efforts toward proper segregation, reform, 
and good management. The condition of these temporary 
structures is noted below in more detail under the 
sections dealing with the institutions where they are 
located. Almost without exception, they have outlived 
their usefulness. They should be replaced as soon as 
possible with permanent buildings that carry out the 
principle of housing inmates in individual cells rather 
than dormitories. 

Fire Hazards 

In all institutions it is essential that fire 
hazards be cut to the minimum. Even in fire resistant 
buildings the risk is ever present since the inmates are 



- 117 - 

locked in cells and must depend on quick and 
efficient action by guards in case of fire. 

The risk to inmates is heightened if all 
cells have to be unlocked individually - and such is 
the case in the great proportion of our institutions. 
The risk is almost unbelievably high in certain old 
county jails where narrow corridors and, in some cases, 
narrow stairs would add to the difficulty of quick and 
thorough evacuation. In case of fire, a guard would 
be less than human if he did not fumble with his keys 
and become excited in the course of going up and down 
corridors to let inmates out. That any persons in 
our society should have such meagre protection in an 
emergency is contrary to all principles that place 
value on human life . 

Fire risks can be considerably lessened by 
the installation of gang locks, by which guards can 
lock and unlock all the cells on one corridor by 
simply pulling a lever. This system has the additional 
advantage of being desirable for security. The Ccmmittee 
believes that gang locks should be installed in all 
institutions under Provincial control. 

The Committee was surprised to find that 
almost all custodial institutions in the Province have 
failed to take the elementary precaution of installing 
a fire alarm box that would alert the municipal fire 
department immediately in an emergency. A telephone 
call could waste preci&us minutes and delay one officer 



- 112 - 

from the task of releasing prisoners. The Committee 
believes that all custodial institutions under Pro- 
vincial control should be equipped with fire alarm 
boxes connected with the municipal fire department, 
except where location or local conditions make such a 
system impossible. 

Another elementary precaution for the pro- 
tection of life and property is the holding of periodic 
fire drills. Since the danger of fire would be 
greatest at night, it is clear that such fire drills 
should pay particular regard to night conditions when 
the inmates are locked in their cells. Yet the 
Committee found that all fire drills were held in the 
daytime under regular daytime conditions, except at 
institutions where it was admitted that suggestions 
regarding night fire drills made at public meetings 
by members of this Committee had been heeded. While 
security measures need careful watching when fire 
drills are held at night, it is relatively simple to 
simulate night conditions at fire drills in the day- 
time with no security risk. The Committee believes 
that night fire drills, or fire drills under simulat- 
ed night conditions, should be held periodically in 
all institutions under Provincial control. 



- 119 - 



Liaison between inspectors of the 
Department of Reform Institutions and fire protec- 
tion agencies is practically non-existent. It 
should be strengthened so that inspectors work 
closely with local fire departments and the Fire 
Marshall's office in all matters concerning fire 
risks. 



- 120 - 



2. REFORMATORIES AND INDUSTRIAL FARMS 

Ontario Reformatory. Guelph 

This institution is located just east of 
the City of Guelph and consists of 1,000 acres of pro- 
perty with masonry buildings near its centre. Con- 
struction began in 1907 and was completed in 1915. 
Accommodation in cells is 3^5, in dormitories 476. A 
kitchen, auditorium, 28-bed hospital, and two dining 
halls are in the main building. 

A new 50-bed hospital, primarily for tuber- 
culosis patients, is nearing completion. Its con- 
struction is of brick and concrete. 

A new gymnasium of wooden construction is 
attached to the south end of the auditorium. There 
are five masonry industrial buildings, housing the car 
license plate plant, woollen mill, machine shop, sheet 
metal shop, paint shop, blacksmith shop, tailor shop, 
upholstering shop, general stores, planing mill, laundry, 
cannery, abattoir, power house and the motor mechanics 
and carpentry classrooms. 

A group of wooden structures comprises the 
farm group, including implement shed, root houses, 
horse barn, dairy barn, pasteurizer plant, piggeries, 
calf barn and greenhouse. 



- 121 - 

A Staff Training School is housed in 
a frame army hut with dormitory accommodation for 
25. Guards from all parts of the Province are 
sent here for training. Since this program is 
valuable and should be continued, the Committee 
believes that the Staff Training School should be 
housed in a permanent building at the Guelph 
Institution, with provision for separate rooms 
instead of dormitories to facilitate and encourage 
studying. 

Heating for the reformatory buildings is 
steam, supplied by the main power house. Fuel con- 
sumption is about 5,000 tons of bituminous nut and 
slack coal annually. The pasteurization plant is 
heated and operated by an automatic steam-fitted 
generator. 

Suggestions have been made, with which 
the Committee is in accord, that better chapel facili- 
ties should be provided. One of the suggestions was 
that the second dining hall should be converted into a 
chapel, but this proposal must be rejected on the 
grounds of security. Although one of the dining rooms 
was in use when the Committee visited Guelph, the second 
dining room should be kept in reserve at all times for 
use in periods when the inmate count is high. Dining 



- 122 - 

room overcrowding, with shift feeding and long line 
ups, has been cited as a contributory factor to 
disturbances among inmates. 

Some 640 acres of the property is arable. 
An additional 10 is wooded. A program of proper 
erosion control and proper fertilization methods has 
been adopted, and a study is being made for some 55 
acres of muck and low-lying soil near the lakes and 
ponds . 

The Committee recognizes the problem of 
staff housing and deals with it in Chapter II (B). 
There are several houses on the Guelph property, 
chiefly of stone and stucco construction. They 
accommodate nine staff families. 



■123- 



I ndustrial Farm Burwas h 

This institution, established in 191 2 *-, is 
located 30 miles south of Sudbury. It has the greatest 
area of any reform institution in the province - 35,000 
acres owned and 101,000 acres leased. 

It consists of three separate camps: 
Camp 1 (Spruce), Camp 2 (Main Camp), and Camp 5 (Bison). 
Two other camps were closed some years ago. 

The main camp consists of one brick cell 
block (168 cells) and one brick dormitory building 
(320 beds). In the dormitory building is a 22-bed 
hospital on the ground floor and an auditorium on the 
second floor. Kitchen and dining accommodation is 
provided in the basement. A permanent kitchen, dining 
room and bakery are still to be added to this unit, which 
was brought to its present state of completion in 1938. 
The cell block and main dormitory building are connected 
by a joint reception and administrative centre. 

Grouped about this unit are five frame buildings. 
In these are the boiler room, trade school, academic school 
gymnasium and garages. TWo separate frame buildings 
house the maintenance shops (blacksmith, plumbing, car- 
pentry and engineering) and the paint shop. The boiler 
room supplies heat for all these buildings. 

One -quarter mile north are the main farm 



-124- 



buildings, all of frame construction except for the 
masonry milk house. There are two dairy cattle barns, 
a root house, three piggeries, a slaughter house, and 
a pasteurizing and milk storage plant. There are also 
horse barns and an implement shed. 

In a group to the south are the fire hall, 
maintenance garage, laundry, stores, post office, tailor 
shop, shoe repair shop and greenhouse. A heating plant 
housed in a frame building supplies steam heat for these 
structures. Intermingled are three buildings for 
single employees' quarters, eight staff family resi- 
dences, and a joint Protestant and Roman Catholic chapel. 

One -ha if mile southwesterly are the aaw mill, 
planing mill and lumber yard built at the edge of a 
small lake. Adjoining the planing mill is a low-pressure 
boiler room which supplies the mill with heat both for 
comfort and operation of the kilns. The saw mill is 
newly constructed of block-masonry several hundred yards 
from the planing mill. Both mills are electrically 
operated . 

Camp Spruce (Camp 1) consists of one U-shaped 
frame building located two miles east of Main Camp. It 
was remodelled 20 years ago. On the ground floor is a 
kitchen, the dining room, food stores and refrigeration 
unit, all in the one wing. On the second storey of this 



-125- 



wing and on both floors of the main wing are three 
inmate dormitories with accommodation for a total of 
117 men. Adjoining the rear of the middle wing is a 
small boiler room supplying steam heat for the camp. 
In the third wing is accommodation for single officers, 
as well as the custodial office and store room. 

Southwest of Camp Spruce one -quarter mile is 
a sheep barn, nor in use. A horse barn is one-half mile 
to the northwest. Water supply for this camp comes from 
springs . 

Camp Bison (Camp 5), four and one-half miles 
southwest of Main camp on the Wanapitei River, is 
obsolete and therefore in urgent need of replacement. 
One of its worst features is a balcony in the main 
building, above the main dormitory, that was improvised 
to increase the number of inmate beds. Of frame con- 
struction, the main building has dormitory accommodation 
for a total of 110 men, and a kitchen, dining room, and 
custodial office. There is a frame boiler house and 
another frame building enclosing the butcher shop and 
maintenance garages. All buildings have steam heat 
with water obtained from the river. 

Three hundred yards to the east is a barn for 
horses and cattle, a beef cattle barn and two hay 
storage sheds, all of frame construction. 



-126- 

Burwash Village provides accommodation for 
1^6 staff families, including eight at Main Camp; 
11 near the C.N.R. Station, two and one-half miles away; 
and 127 midway between. Accommodation is permanent in 
nine brick houses and 32 brick apartments, in addition, 
there are 40 frame houses, 7 frame apartments and accom- 
modation for 58 families in a group of 15 converted 
army huts. Some of the houses are semi-detached. The 
boiler room provides steam heat for 11 family dwellings 
in its immediate vicinity; other dwellings are heated 
by individual furnaces. 

In the centre of the village is a frame 
school building for all grades of Public School and two 
grades of Continuation School, heated by hot water boiler 
in the building. The main pump house, of brick construc- 
tion, is two and one-half miles distant, and supplies 
water for both the village and the Main camp. 

Total staff of the Industrial Farm is 210. 
The isolated location of the institution makes it neces- 
sary for all staff members and their families to live at 
Burwash, and the Committee commends the Department of 
Reform Institutions for its degree of success in making 
the village a good and happy place in which to live. 
Staff quarters should all be permanent, however, since 
it is obvious that all staff members and their families 



-127- 



always will have to be housed on the property. The 
programme of providing permanent staff housing at Burwash 
should be accelerated toward early completion. 

Over 30, COO of the 35,000 acres owned by the 
Institution is comprised of bush, rock, lakes and other 
unarable terrain. It is a Provincial game preserve. 
The land generally is poor clay or clay loam and heavy 
fertilization of the thin soil is necessary. 

Long term cutting of bush on the Burwash 
property has resulted in much of the natural cover 
being depleted. For the past three years, however, 
the Institution has had the use of an adjoining 101,000 
acres for lumbering purposes. The Department expects 
this land, operated under a timber management plan, to 
produce annually about 500,000 board feet of mixed 
lumber, un additional production of 3,000 cords of 
fuel wood for the Camp is anticipated. Reforestation 
at Burwash should be extended and timber operation 
should be placed on a more productive and efficient 
basis as outlined in Chapter VI. 

Fuel consumption for the institution is 
about 5,000 tons of bituminous coal and 2,000 cords 
of firewood annually. 



-128- 



Industrial Farm, Monteith 

This institution, established near the 
Village of Monteith in 1938, includes about 730 acres 
of land. Some 300 acres are bush. 

All but the administration building and power 
house and one staff house are of temporary wooden 
construction. In the administration building are the 
usual offices, hospital, kitchen, dining room, stores 
and power room. 

Inmate accommodation for 200 is provided in 
dormitories in four army huts. 

Five separate frame buildings house the fire 
hall, implement shed, laundry, repair garage, carpenter 
shop, plumbing shop and paint shop. There are six 
farm buildings for beef cattle, horses, dairy cattle, 
calves, milk house, and piggery and slaughter quarters. 
Two army huts are used for miscellaneous storage. 

There is accommodation for 24 staff families 
in one masonry house, two frame houses and four frame 
apartment blocks. One army hut provides accommodation 
for 15 single officers. Another army hut is used as 
a recreation centre for personnel and as a cinema for 
inmates . 

The army huts at Monteith were unsuitable at 
the start for inmate accommodation and it is indefensible 



-129- 



to continue them as such. The same is true of other 
army huts on the property used for other purposes. 
All temporary buildings on the property will have to 
be replaced by permanent structures before Monteith 
can be capable of achieving its maximum effectiveness 
as a reform institution. 

The total arable land is approximately 150 
acres, of which some is clay loam, and the rest clay 
soil, sandy loam and muck. This acreage is totally 
inadequate to utilize the available manpower. According 
to expert testimony given the Committee, very little 
of the acreage not now under cultivation could be 
converted to arable land, although some of it might 
be suitable for pasture. Therefore, more land 
adjacent or close to the existing property should 
be purchased for use in greatly extended farm operations. 
This is doubly desirable in view of the fact that the 
Monteith farm is regarded in the community as a 
demonstration farm. This function of demonstration 
should be carried out on a much greater scale for 
the benefit of the entire area. 

Industrial Farm, Burtch 

This institution was established by con- 
version of an R.C.A.F. depot in 1948. It is about 
7 J miles south of Brantford on 383 acres of land. 



-130- 



Here again is a group of temporary buildings 
never intended to serve as a reform institution. The 
Committee was disturbed at this institution's apparent 
ineffectiveness as a place of reform, and a large share 
of the blame must be laid to buildings that are com- 
pletely unsuitable for their purpose. 

The main building is frame. It has dormitories 
for 168 inmates, kitchen, dining room, library, hospital, 
boiler room, and accommodation for a few staff members. 
Another wooden building houses administration offices 
and has accommodation for 10 single officers on the 
main floor, with dormitories for 40 inmates on the 
second floor. 

A large frame building provides accommodation 
for the Superintendent's residence and, adjoining 
the truck garage and fire fighting equipment. One 
staff family lives in another frame building. 

In a group of three wooden farm buildings 
are a cattle barn, horse barn and implement shed with 
root house. Another building is used for general 
stores. Four separate buildings, all heated by one 
boiler room, house the laundry, two maintenance shops, 
repair garage and pump house. One wooden building, 
a former hangar, is vacant and should be utilized, 
in its entirety or in part, for a light industry 
that would provide much-needed employment for inmates. 



-131- 

Fuel consumption is 725 tons bituminous coal 
annually. 

Some 311 acres are arable, much of the land 
being silty clay loam and clay. During World War II, 
when the R.C.A.F. used the property, most of the land 
was virtually ruined for farming purposes by levelling 
and general depredation by heavy machinery. Consequently 
it is the least productive of any of Ontario's 
industrial farms. The Department of Reform 
Institutions has undertaken a gradual program to build 
up the soil by such methods as deep tilling and the 
planting and ploughing under of selected crops so 
that production may be expected to increase year by 
year. The Committee commends the Department for this 
program. 

Industrial Farm, Rideau 

This institution, located near Burritt's Rapids 
in the Kemptville-Smith ' s Falls area, was established 
in 19^8 on approximately 550 acres of land. 

This is another industrial farm which was 
improvised in temporary buildings although its 
establishment was intended to be permanent. The huts 
were obtained from an army camp at Cornwall and moved 
to the site. No matter how well painted and well kept 
they may be, the fact remains that they are not suitable 



-132- 

for their purpose and will have to be replaced by 
permanent structures. 

Six army huts provide dormitory accommodation 
for 160 inmates and quarters for custodial offices, 
hospital, dining rooms, kitchen, stores, boiler rooms, 
laundry, tailor shop, maintenance shop, administration 
offices and living quarters for 20 single men. The 
boiler room provides heat for all. 

Nearby are a garage, storage barn, combined 
pump house and fire hall and two staff houses, one 
of brick and one frame. Two staff apartments of 
brick construction are located near the farm buildings. 

The main farm buildings are one-half mile 
west of this area. The dairy loafing barn and the 
horse barn are in one frame building. Attached is 
a milking parlor of stucco construction. A piggery 
of concrete block construction is located nearby. 

The wooded area consists of about 320 acres. 
The arable soil of 200 acres is chiefly clay and clay 
loam. This acreage is not sufficient either to 
utilize fully the inmate labor available or to supply 
the excellent market for farm products at the Ontario 
Hospital. Additional arable land adjacent or close 
to the existing property should be acquired as soon 
as possible. While that part of the existing property 



-133- 

not under cultivation generally is unsuitable for 
farming, still the land could be utilized and the 
program of clearing bush and reforesting should be 
accelerated . 

Ontario Reformatory, Brampton 

This Reformatory is on the western fringe of 
Brampton on 100 acres of mostly arable land. The 
institution uses 30 acres and the remaining 70 acres 
is on loan to the Department of Agriculture for testing 
purposes. This 70 acres should remain under 
Department of Reform Institutions control and be avail- 
able at all times for any expansion of the Reformatory 
that may become desirable. 

Of the 2h buildings, 21 are wooden army huts. 
A group of huts provides dormitory accommodation for 
200 inmates and the kitchen, dining rooms, boiler room, 
stores, assembly hall, academic and vocational class- 
rooms, and recreation rooms. Five army huts house 
the motor mechanics shop, fire hall, drill hall, 
vocational shops and garages. The barn is of 
corrugated iron construction on a concrete foundation. 

Twelve single employees are accommodated in 
the brick administration building. The motor 
mechanics shop is adjoining. 

Five army huts provide apartments for 21 staff 



-134- 



f ami lies. The Superintendent's residence is of 
brick. 

Use of so many temporary buildings may have 
been wise at the start since Brampton was considered 
an experimental project. Now, however, this 
Reformatory has a program that impressed the members 
of this Committee and has been praised highly by 
penologists from the United States, Britain and other 
provinces of Canada, as well as by officials of the 
Department of Reform Institutions. As an experiment 
it has given advanced leadership in reformation. 
There is no doubt that the project now is past the 
experimental stage and should be regarded as permanent. 
Therefore, all temporary buildings at Brampton used 
for inmate accommodation and the inmate program should 
be replaced by permanent structures designed to add 
effectiveness to the specialized type of training there. 

Staff housing on the property poses many 
basic questions that have been examined in Chapter II (b) 

The Reformatory uses 225 tons of anthracite 
coal and 1,459 tons of bituminous coal annually. 

Also on the Brampton property is an annex 
to the Ontario Reformatory, Mimico, housing perennial 
repeaters of advanced age. It consists of one army 
hut providing a kitchen, dining room, custodial offices 



-135- 

and dorimitory accommodation for 88 inmates, and 
another army hut providing accommodation for six 
single officers. 

The program at the Brampton institution is 
an extremely important one and should not be hindered 
in any conceivable way by the location of a different 
type of institution on the same grounds. The Mimico 
annex should be removed as soon as possible from the 
Brampton grounds and housed in permanent quarters. 

Ontario Reformatory, Mimico 

This institution is located in Etobicoke 
township at Mimico. It was established in 1913. 

It provides accommodation for 470 inmates, 
including 88 at the annex at Brampton. The main 
building, at Mimico, is of brick and has accommodation 
for 192 inmates, the kitchen, dining rooms, stores, 
custodial offices, hospital and single officers' 
accommodations . 

The Department has under construction, a new 
modern building with dormitory accommodation for 120 
men to partially replace present accommodation for 160 
in a converted army hut. 

The Committee deplores the plan of providing 
accommodation in dormitory form in this new building, 
since individual cells are so much better suited to the 



•136- 



most efficient reformation of offenders. Prompt 
consideration should be given to a change in plans 
that would provide individual cell accommodation for 
inmates in the new building. 

The accommodation problems at Mimico are 
complicated by the need to house "hostel inmates" -- 
elderly derelicts who are neither hardened criminals 
nor reformable material, and who seem to loon on this 
institution as home. The Reformatory should be 
enabled to concentrate its facilities and organization 
on efforts at reformation. The "hostel inmates" should 
be housed elsewhere in a place that is better both for 
them and for the institution. 

One mile northeast of the main group is a 
brick building which houses the Alex. G. Brown Memorial 
Clinic for Alcoholics. It has accommodation for 30 
patients plus the necessary offices, medical rooms, 
kitchen and dining room. 

The Committee commends the Department for 
establishment of this clinic, which is carrying out 
a function that embodies the highest principles of 
reformation. The Committee's only objection is 
that the clinic is not large enough. It should tee 
expanded so that it could accommodate all the inmate 
volunteers who are likely to benefit from the treatment. 



-137- 



The farm buildings comprise dairy and horse 
barn, two piggeries, implement shed, milk house, root 
house, chicken house and runways, and a barn. 

Accommodation for staff families on the 
property consists of two houses (one brick, one frame) 
and six brick apartments, all with independent heating 
systems . 

Other buildings include fire hall, clothing 
stores and carpenter maintenance shops, shoe repair and 
slipper factory (in old army hut), power house and 
brick and tile plant, newly remodelled and of brick 
construction; 10 brick kilns; tile storage building 
and drying sheds. 

Here is yet another institution where temporary 
buildings are in use for inmate accommodation and some 
parts of the inmate program. The Department of 
Reform Institutions in this case has taken steps to 
replace temporary buildings with permanent ones. The 
Committee emphatically endorses this action and urges 
that it be continued until all inmate accommodation 
is in permanent buildings, but with the reservation, 
as already stated, that there should be individual cells 
rather than dormitories. 

Of the total acreage of 174, about 100 acres 
are considered arable. This land is poorly drained 



-138- 

and 80 percent, heavy clay. The remainder is loam. 
Farm production is mediocre and the location is in an 
urban area. 

On principle, the Committee disapproves of 
maintaining reform institutions within heavily 
populated or industrialized areas. Such location is 
in the best interests of neither the institution nor 
the surrounding municipality. 

At Mimico, however, the Committee heard 
evidence that the brick industry is a very valuable 
one, and that the shale clay deposits supplying it 
are still good for possibly 50 years or more. The 
present pit, about 40 feet deep and five acres in 
area, can easily be extended to twice its present size 
and an increased depth according to expert opinion. 
(The details of operation are outlined in Chapter VI). 

These clay pits and brick kilns bring con- 
siderable revenue to the Province and provide suitable 
work for inmates. Therefore, the Mimico Reformatory 
should be continued on its present site, but the 
Department should sell all land in excess of that 
required for the space needs of the institution for 
buildings, grounds and the brick industry. 

The total fuel consumption for the Mimico 
Reformatory is 3,900 tons bituminous coal, 100 tons 



-139- 

anthracite. Some 1,800 tons bituminous is used for 
the brick kilns, the remainder for heating. 

Andrew Mercer Reformatory, Toronto 

This institution is located at 1155 King 
Street West, Toronto, and was established in 1880 on 
nine acres of land. It consists of one main brick 
building, one brick residence and two frame buildings 
which house garages and work shops. 

The main building gives cell accommodation 
for 160 female inmates. it also provides administra^ 
tive office, stores, academic school, industrial 
workshops, laundry, kitchen, dining room and boiler 
room. 

There is accommodation for 2k single staff 
officers and the Superintendent has an apartment. The 
gardener occupies the brick residence. 

Total fuel consumption for the main building 
is 1,000 tons of bituminous fuel annually. 

When The Mercer was built, it was outside 
Toronto. All around it was open country. At that 
time, its location may have been ideal, but now it is 
entirely unsuitable. The city has grown up around 
it to suchan extent that it is in the centre of one 
of the busiest and most heavily industrialized areas 



•140- 



in Toronto. As pointed out in connection with Mimico, 
such a location is unsatisfactory both from the point 
of view of the institution and of the character of 
the district. Therefore, the existing Mercer property 
should be sold, and the institution should be moved to 
a new site outside Metropolitan Toronto. 

The existing building is well constructed, 
but when it was erected, there was little thought of 
anything but security. Accommodation is fairly 
satisfactory, and the Department has done an 
excellent job of trying to convert it to effective 
use for reformation, but such conversion tends to be 
makeshift in such a solid old building. Some of the 
cells in the basement are sadly inadequate for modern 
detention. The building generally is difficult to 
heat properly and to keep clean. 

When the Mercer is moved, the new institution 
should provide accommodation in individual cells 
rather than dormitories, with construction generally 
designed to aid reformation. And there should be 
on the property, sufficient accommodation of the 
cottage type to house inmates with a high potential 
for reform, to be operated in a fashion similar to- 
that at the Ontario Reformatory, Brampton. 



-141- 



3. TRAINING SCHOOLS 

Ontario Training School for Girls, Gait 

This institution is located on the northern 
outskirts of Gait on the Hespeler Highway. Established 
in 1933, it has some kO acres of property. 

The institution consists of eight permanent 
buildings of good brick construction. One provides 
administration and schooling quarters and assembly 
hall. A brick house is provided on the grounds for 
the Superintendent. 

The girls are housed in three brick buildings 
Maximum capacity is 120 when double-decker bunks are 
used in some rooms, and average population runs from 
120 to 135. One of the residences contains a hospital 
ward. 

The power house and root house are in per- 
manent buildings. Thr.ee frame buildings are used as 
drill shed, garage and tool shed. 

About three and one-half acres of the land 
serve as a garden. 

This school has excellent and adequate 
facilities and there is no need for further capital 
outlays at this time. 

Eight hundred tons of bituminous stoker 
coal is used annually for heating. 



-1^2- 



Ontario Training School for Boys, Bowmanville 

This institution, established in 1925, is on 
300 acres of land 2 miles east of Bowmanville. It 
provides accommodatinn for 200 boys of the 14-16 age 
group. The following buildings are of brick 
construction: administration, gymnasium, kitchen and 
dining rooms, hopsital, three dormitory buildings, fire 
hall, greenhouse, workshop, stores and power house. 
There is a swimming pool on the property, construction 
of which was financed by private subscription. The 
dormitories are well equipped and have television sets 
purchased from the boys' summer earnings. 

There is a frame garage building, a frame 
motor mechanics shop buj lding and another frame building 
housing laundry, shoe shop, barber shop and sheet 
metal shops. 

West of the main buildings are eight farm 
buildings: dairy and horse barn, two implement sheds, 
two chicken houses and a piggery, all of frame con- 
struction; a milk house and root house of brick. 

There is one brick and one frame staff 
residence . 

East of the main buildings are a frame barn 
and implement shed and a brick residence for two 
staff families. The superintendent has a brick 



-143- 

residence near the entrance to the property. 

Most of the buildings are of an excellent 
and permanent nature. The frame buildings are in good 
condition and can serve their purpose well for some 
time, although their replacement should be included 
in long-term plans. 

Arable land totals 240 acres, most of it 
clay loam and sandy loam. Productivity is good. 

Ontario Training School for Boys, Cobourg 

This institution is located on the eastern 
boundary of the Town of Cobourg. It was established 
in 19^2 on 42 acres of land providing accommodation for 
140 boys up to 13 years of age, in three large converted 
summer homes. Two are masonry and the third frame 
and stucco. 

Other buildings include three masonry for 
repair shop, greenhouse and general stores; two frame 
for garage and gymnasium; one new fabricated steel 
building for academic classes; and a frame and stucco 
residence for the superintendent. 

Fuel consumed for heating is 400 tons 
bituminous coal and 200 tons anthracite. 

The buildings at Cobourg are entirely 
unsuitable for their purpose. Their atmosphere is 
pleasant -- it might even be called luxurious -- but 



-144- 



these buildings were never intended for year-round use 
by a training school. Costs of heating and maintenance 
are excessively high, since the buildings are old, 
require a great deal of paint and repairing, and have 
large, high-ceilinged rooms that were designed solely 
for summer living. 

The property at Cobourg should be taken out 
of service entirely as a reform institution. 

The problem of finding another site would 
seem to have an obvious solution. The Bowmanville 
school has 300 acres, sufficient grounds to permit 
establishment of another institution on the property -- 
as distant as possible from the existing Bowmanville 
buildings - - without impeding segregation of the 
different age groups. 

Such an arrangement would have an additional 
advantage of easing problems of administering the two 
institutions and correlating their work and policies. 
Therefore, with the closing of the existing 
school at Cobourg, a new training school to replace 
it should be built on the grounds of Bowmanville 
Training School; and the new institution should be as 
far removed as is possible on the existing Bowmanville 
property, from the existing Bowmanville buildings. 



-145- 

Ontario Training School for Boys, Guelph . 

This institution is actually part of the 
Ontario Reformatory at Guelph. It houses older boys 
who are particularly difficult to handle. Cell 
accommodation was provided for 14 of them in 1953. 

The adult atmosphere at Guelph is completely 
unsuitable for such boys and is more likely to steer 
them toward further crime than toward reform. 
Consequently, the training school at Guelph should be 
abolished and its inmates absorbed into the Industrial 
School for Boys as recommended in Chapter X. 

Ontario Training School for Girls, Toronto 

This institution, which actually is part 

of the Andrew Mercer Reformatory, is similar in set-up 

and function to the training school for boys at Guelph. 

Accommodation is provided for 10 older girls who are 

particularly difficult to handle and usually are 

transferred to this school from Gait. 

As at Guelph, the atmosphere at the Mercer 

is not conducive to the reformation of juveniles. 

When a new institution is built to replace the Mercer, 

more suitable quarters should be provided for this 

small group of girls. 



-146- 

Roman Catholic Training Schools 

Orders of the Rflman Catholic Church main- 
tain training schools for boys at Alfred, Ontario 
(St. Joseph's) with capacity for 160; and at Toronto, 
(St. John's) with capacity for 170. 

Girls ' training schools are operated on a 
relatively small scale at Minnow Lake (Home of the 
Good Shepherd) and at Toronto (Home of the Good 
Shepherd); and on a somewhat larger scale at Downsview 
(St. Mary's Training School for Girls) with capacity 
for 130. 

The equipment and the training program 
at these institutions reflect lack of finances, with 
consequent impediment to the reformative program. 



-1^7- 



k. JAILS 

Basically, jails are intended to house 
persons on remand and those serving sentences of less 
than three months. These functions involve coping 
with an unselected group of inmates with a rapid 
turnover. While the intended functions of jails pose 
in themselves a difficult task, the Committee found 
that the situation is complicated by inclusion in the 
jail of mental cases, lock-up prisoners, those waiting 
long periods for decision on their appeals, and 
sometimes juveniles. Housing of these groups in 
jails underlines the lack of proper accommodation for 
them throughout the Province. 

Ontario has eight district jails, and thirty- 
five county jails, and two city jails (Toronto and 
Hamilton). 

The Committee visited more than half 
the jails in the Province and found them to be clean 
and well kept. There were no dungeons or "black holes". 
The governors were doing their best with the facilities 
at their disposal. But, in many cases, their best 
efforts were not sufficient to offset the drawbacks of 
antiquated buildings, with poor ventilation, poor 
lighting, poor sanitation, poor and limited fell 



-148- 



accommodation, and usually no facilities at all for 
putting prisoners to work, jails presented the most 
pressing property problems of all the types of 
custodial institutions studied by the Committee. 

The eight district jails, which are under 
direct Provincial control, are situated at Parry Sound, 
North Bay, Sudbury, Haileybury, Sault Ste . Marie, Port 
Arthur, Port Frances and Kenora . All were constructed 
less than 50 years ago, and three (parry Sound, Sault 
Ste. Marie, Fort Frances) have been remodelled in the 
past four years. All are of brick or brick-and-stone 
construction. 

Some of the district jails have insufficient 
cells to handle high inmate counts, especially over 
week-ends. Generally they have insufficient facilities 
to segregate all groups which should be segregated, and 
grossly inadequate facilities for inmate labor. 

About the county jails, there is less to commend 
and more to condemn. Many are over 100 years old, 
and many others are close to that age. They were 
built to serve the needs of sparsely-populated, pre- 
Confederation Canada West, and it is not surprising 
that a large number of them are no longer adequate 
for their purpose. The Committee found many county 
jails to be poorly ventilated and dimly lighted. 



-149- 

Night pails were in common use, since the institutions 
were erected before plumbing was an ordinary building 
requirement. Cells in some places were roomy and 
modern, in others unbelievably small. Facilities for 
decontamination were generally inadequate, and, in 
some places, non-existent. Seldom was adequate 
privacy provided for interviews with lawyers and 
clergymen . 

The Committee found that little has been 
done to correct these deficiencies. The Department 
of Reform Institutions should establish a set of 
minimum standards of sanitation, ventilation and 
accommodation for all jails in the province. Such 
action is urgently required to ensure that all jails 
in the province meet the standards of decency that 
modern society should demand. 

The Committee realizes that the existing 
division of control between the Province and the 
counties and cities makes it difficult to set up any 
sort of uniform standards in all jails. A re- 
organization is recommended in Chapter IV to end this 
confusing situation. County jails, as presently 
constituted, are incapable of reform except by 
accident -- and the accident rate in this regard 
appears to be low. 



-150- 

The Don jail in Toronto has been cited as 
an example of how outdated jails can become. A Royal 
Commission in 1952 found the Don to be antiquated, and 
its report contains specific recommendations for 
improvement. 

Segregation should be carried out in jails 
and also in police court cells. In the main, these 
places do not have 3he facilities to provide even a 
minimum of segregation. 



-151- 



5. RECOMMENDATIONS 

On the basis of the findings stated above, 
the Committee makes the following recommendations 
pertaining to custodial properties; 

General 

1. That closer liaison be established between 
the Department of Public Works and the Department of 
Reform Institutions to ensure that construction and 
repair projects do not endanger security and morale 
at custodial institutions, such liaison to include 
provision for 

(a) Maximum utilization of inmate labour; 

(b) Power of veto by the Superintendent or Governor 
of each institution, for good reasons stated 
confidentially, over who shall be allowed to 
work on projects on the property of his 
institution. 

2. That a progressive program be undertaken over 
the next 10 years to make the property acquisitions and 
the structural changes and additions necessary to 
implement the recommendations of this Report. 

3. That all temporary structures for inmate 
accommodation be replaced with permanent buildings 
providing individual cells rather than dormitories. 



-152- 



4. That fire hazards in all custodial 
institutions be lessened by means of: 

(a) installation of gang locks; 

(b) installation of fire alarm boxes connected 
with the municipal fire department, except 
where location or local conditions make 
such a system impossible. 

(c) the holding of periodic night fire drills, 

or fire drills under simulated night conditions; 

(d) strengthening of liaison between inspectors 
of the Department of Reform Institutions 
and local and Provincial fire authorities on 
all matters concerning fire risks in 
institutions . 

Reformatories and industrialFarms 

5. That permanent quarters be provided for the 
staff training school at the Ontario Reformatory, 
Guelph, with provision for separate rooms instead of 
dormitories to facilities and encourage studying. 

6. That better chapel facilities be provided at 
the Ontario Reformatory, Guelph, but not at the 
expense of the second dining room. 

7. That the program of providing permanent 
staff housing at the Industrial Farm, Burwash, be 
accelerated toward early completion. 



-153- 



8. That reforestation work at the Industrial 
Farm, Burwash, be extended. 

9. That additional arable land be purchased 
adjacent or close to the existing property at the 
Industrial Farm., Monteith, for use in greatly extended 
farm operations and extension of the demonstration 
function of the farm. 

10. That the vacant hangar at the Industrial 
Farm, Burtch, be utilized in its entirety or in part 
for a light industry. 

11. That additional arable land be purchased 
adjacent or close to the existing property at the 
Industrial Farm, Rideau, for extension of farming 
operations; and that reforestation work on the existing 
property be accelerated. 

12. That the Mimico Annex be removed from 
the grounds of the Ontario Reformatory, Brampton. 

13 « That "hostel inmates" be removed from the 
custody of the Ontario Reformatory, Mimico, such inmates 
to be housed elsewhere in a place that is better both 
for them and for the institution. 

14. That the Alex. G. Brown Memorial Clinic for 
alcoholics at the Ontario Reformatory, Mimico, be 
enlarged sufficiently to accomodate all inmate 
volunteers in the Province who are likely to benefit 
from the treatment. 



-154- 



15. That the Department of Reform Institutions 
sell all land at the Ontario Reformatory, Mimico, in 
excess of the basic space required by the institution 
for buildings, grounds and the brick industry. 

16. That the Department of Reform Institutions 
sell the existing buildings and land at the Andrew 
Mercer Reformatory, Toronto, and remove the institution 
to a new site outside the Greater Toronto Area; and 
that the new establishment provide sufficient 
accommodation of the cottage type to house inmates with 
a high potential for reform, the program for these 
inmates to be operated in a fashion similar to that 

at the Ontario Reformatory, Brampton. 

Training Schools 

17. That the buildings and land at the Ontario 
Training School for Boys, Cobourg, be sold; and that, 
to replace the Cobourg institution, a new school be 
built on the grounds of the Ontario Training School 
for Boy s, Bowman vi lie, as far removed as possible on 
the existing grounds from the existing Bowmanville 
buildings . 

18. That the Ontario Training School for Boys, 
Guelph, be discontinued, and that its functions be 
absorbed by the industrial school whose establishment 
is recommended in this Report. 



■155- 



19- That the Ontario Training School for Girls 
at the Andrew Mercer Reformatory, Toronto, be 
transferred to the new institution to replace the 
Mercer; and that suitable facilities be provided there 
with accommodation on the cottage plan. 

jails 

20. That the Department of Reform Institutions 
establish a set of minimum standards of sanitation, 
ventilation, and accommodation for all jails in the 
Province . 



-156- 

CHAPTER IV 

JAILS 
A. THE EXISTING SYSTEM 
General 

Jails are the clearing houses for offenders 
and suspected offenders. In them are lodged murderers 
and innocent persons, sex perverts and juvenile delin- 
quents, career burglars and impressionable first 
offenders, drug addicts and speeders, alcoholics and 
tax evaders. All mingle together to form a passing 
parade that is continually changing but never ending. 
During the fiscal year 1952-53, there was an average 
of 1,655 persons in jails every day in Ontario, while 
the total held in custody during the year was 47,^49. 
Statistically speaking, there was a complete turnover 
of jail population every 12 days. 

The total number committed to jails during 
the fiscal year was 46,003. Of these, close to 5,000 
were found innocent; 17,656 served sentences in jails; 
10,599 were transferred to other institutions to 
serve sentences; 12,518 were convicted but were fined 
or given suspended sentences; and the remaining few 
hundred were in custody on remand or awaiting trial 
when the year ended. 

The 45 jails serving the Province are of 
three types. Eight, all established or renovated in 



■157- 



the past 30 years, are district jails operated and 
financed directly by the Department of Reform 
Institutions, serving the areas north and west of 
Muskoka County. Thirty-five arecounty jails, with 
control and costs divided between the counties and 
the Department. Two (Toronto and Hamilton) are city 
jails, with cities sharing control with the Department 
and sharing costs with the Department and the counties 
in which they are located. 

As outlined in the Property section of this 
Report, the jails provide poor facilities for custody, 
meagre facilities for urgently needed segregation and 
virtually no facilities for reform. They are more 
likely to steer inmates toward further crime than away 
from it. 

In the southern part of the province the 
basic defects of the jails are aggravated by cumbersome 
administrative machinery, paced with enormous problems 
of rapid turnover and unselected personnel, the city 
and county jails are anachronisms in themselves and 
are run in an anachronistic way. They are operated 
under a multiplicity of control that ossifies the 
past and obstructs the progress that modern conditions 
demand -- a system that compounds confusion and 
inadequacy. The old jails stand as bleak, changeless 



-158- 



monuments to the needs and conditions of the 
nineteenth century for which most of them were built. 
And while retaining the worst of tradition, they have 
lost the best through a departure from the purposes 
they originally were intended to serve. Instead of 
housing only persons on remand and those serving 
short sentences, they have come to be used also as 
improvised mental hospitals, lock-ups and juvenile 
detention homes. 

The existing city and county jail system is 
outmoded and unworthy of the people of Ontario, it is 
completely out of step with modern conceptions of the 
decency of the individual and the hope of his salvation 
from crime, jails do provide punishment by the very 
nature of their conditions; but, in keeping with 
nineteenth century thinking, they provide nothing else. 
They are degrading to juveniles, innocent persons and 
the mentally ill, and they certainly do not provide 
the incentive to reform that would protect society 
to the greatest degree possible against further crime. 

It should surprise no one that persons jailed 
more than three times during 1952-53, accounted for 
nearly 40 percent, of the committals. 

Multiplicity of Control 

The eight district jails, owned and operated 



-159- 

by the Province, are free from divided control 
except for the participation of sheriffs in their 
operation. 

The thirty-seven city and county jails, in 
addition to having sheriffs involved in their affairs, 
have to struggle with the serious and deep-rooted 
problems inherent in the further division of 
responsibility and control between the counties and 
the province. Thus in thirty-five of them the 
administrative machinery is a three -headed monster; 
in Toronto and Hamilton, where the cities also share 
control, it is four-headed. The counties own the 
jails and share control and costs with the province. 
The inevitable result is overlapping of authority and 
failure to carry through suggestions for improving 
accommodation and efficiency of operation. There is 
a tendency for the authorities involved to shift 
responsibility back and forth in perpetual deadlock. 

In addition to its other evils, this system 
is uneconomical. All the jails are kept open with 
the required staffs although in some communities, due 
to a fairly stable populatinn and low incidence of 
crime, there are few inmates. 

The Province's contribution to the cost of 
maintaining prisoners in county jails varies. In the 



-160- 



first instance the county is responsible for providing 
the jail. The Province does not contribute to 
maintenance of the jail proper but does contribute 
to cost of food and salaries in proportion to the 
number of days spent in the jail by prisoners serving 
sentences for indictable offences. 

For the year ending March 31,1953, the total 
cost of operating all city and county jails was 
$1,560,009. The Province (through the Criminal 
Justice Accounts of the Department of the Attorney- 
General) paid nearly $450,000, the counties and cities 
more than $1,100,000. 

The Department of Reform Institutions is 
charged with administration and inspection of jails 
under The jails Act (R.S.0.1950) . If a Departmental 
inspector finds a jail in need of repairs or not 
supplying sufficient space for prisoners, the Act, 
Sectinn 9, provides for him to bring the deficiency 
to the attention of both the Lieutenant-Governor and 
the Council of the county or city. The Act further 
provides that the inspector shall confer with a 
committee appointed by the council to decide on 
necessary repairs, alterations and additions, and 
the council shall carry out the decision. In case 
of a deadlock at any stage, there is provision for 



-161- 



the Province to compel the council to take action. 

Realizing the natural hesitancy of county 
councils to spend money on jails, inspectors too often 
fail to report deficiencies that should be reported. 
When they do make reports, county councils sometimes 
delay action on recommendations indefinitely. In such 
a setting, jails that are shamefully antiquated and 
inadequate remain unchanged year after year. 

It is not a criticism of county and city 
councils to admit the fact that they are hard-pressed 
financially. They have limited tax sources and a 
wide variety of outlets for necessary expenditures, of 
which the jails are only one. Besides paying the 
greater proportion of normal jail costs, they are 
saddled with the unfair burden of paying extra costs 
when a person is sentenced to be executed -- the 
costs of maintaining special death-cell watches and 
of conducting the execution itself. In view of all 
the disadvantages of the existing system of local 
participation in jail affairs, it is most illogical 
to require local authorities to maintain any direct 
connection whatever with the jails. 

Another complication that obstructs the 
smooth, efficient operation of both county and district 
jails is the traditional position of sheriffs. The 



-162- 



jails are their responsibility. The sheriffs, not 
the governors, are nominally in charge. The Municipal 
Act provides that the sheriffs shall have the "care" 
of the jails. In practice, the function of a 
sheriff in jail operation is to oversee the work of 
the governor, to act as liaison among the Department 
of Reform Institutions, the jail staff and the county, 
and generally to act as senior official of the jail. 

Such responsibilities are an inheritance from 
another ago. While the position of the sheriff a 
century ago was such that supervision of the jail came 
logically within his purview, the Committee could find 
no valid reason why he should continue to go through 
the motions under present-day conditions. The only 
reason bearing a semblance of validity is the con- 
tention that it is wise to divide the heavy responsibility 
of jails between two officials, the governor and the 
sheriff. This argument does not stand up, however, 
when it is remembered that the greater responsibility 
of large reformatories is left solely in the hands 
of the superintendents. The governor of a jail is 
in closer touch with all aspects of its operation than 
the sheriff, and it is unrealistic to place the 
sheriff over him. Any governor who cannot handle 
the responsibility alone should never have been 
appointed to that position. 



-163- 



Nor is there logic in having an appointee 
of the Attorney-General '3 Department in authority over 
appointees of the Department of Reform Institutions. 
The sheriff, for example, recommends to the Department 
of Reform Institutions whom it should employ as guards 
in its jails, whom it should promote and, when 
necessary, whom it should dismiss. The governor 
officially is side-tracked in the selection of the 
personnel who are to work under his direction. 

The Committee found that most sheriffs who 
fitted into jail administration with comparative 
smoothness were those who regarded themselves as little 
more than figureheads, and left almost all decisions 
to the governors. There were places, however, where 
conflict between sheriff and governor actively 
obstructed efficient operation. 

Members of a delegation from the Ontario 
Sheriffs' Association told the Committee that most 
sheriffs felt themselves to be "fifth wheels" in jail 
operation. The need for them to sign reports on the 
jails served no useful purpose, they said, and merely 
caused delays. They indicated that sheriffs, in the 
main, would be happy to give up their jail responsibility 

It is clear that participation of the sheriff, 
the Department of Reform Institutions, the counties an/i, 



-164- 

in two cases, the cities in jail operation makes 
for confusion and deadlock. In order for the jails 
to operate at maximum efficiency, serving the best 
interests of society, the existing multiplicity of 
control must be removed and single unit control 
instituted. Officials of the Department of Reform 
Institutions and a number of sheriffs and governors 
told the Committee they would favour such a change. 

Multiplicity of control has contributed to 
erratic, inefficient methods affecting all phases of 
jail operation to the detriment of staff, inmates, 
individual municipalities and society as a whole. 

Accommodation in Relation to Ne ed 

Based as it is on the conditions of the 
nineteenth century, the existing county and city jail 
systems do not permit flexibility for new conditions 
and shifting population. While some jails in 
rapidly growing areas are not large enough to serve 
without overcrowding, other jails in areas of stable 
population have insufficient inmates to justify their 
existence. In the latter category, are some jails 
at which the staff necessary for operation often 
outnumbers the inmate population. 

An example is one county jail where the 
average daily population for the past five years was 



-165- 



two, although the jail's capacity was 23. Other 
examples are jails with average daily populations of 
4.7, 5-1 and 5.6 for the five-year period. Fourteen 
jails in Ontario had an average population of under 
10 for the five years from 19^8 to 1952, and many of - 
these reported a gradual decline in jail population 
over that period. As a general rule, the greatest 
cost per inmate is incurred at jails which have the 
lowest average populations. The latest figures 
available showed that most jails operated at a cost 
of $3.00 to $5.00 per inmate per day. Only three 
in the Province showed a cost of more than $10.00 per 
inmate per day. The first, a county jail with 
average daily inmate population of 4.7, cost $12.90 
per inmate per day; the second, a county jail, with a 
daily average of two inmates, cost $11.97, and the 
third, a district jail with a daily average of 8.3 
inmates, cost $10.12. Such expenses might have to 
be tolerated in parts of the Province where population 
is spread sparsely over large areas, but there is no 
reason why they should be tolerated in the county 
jails of Southern Ontario. 

A more efficient and more economical jail 
system could be put into operation if some such jails 
were closed down and their inmates sent to a more 
populated jail nearby. This could only be done if all 



-166- 



jails were operated directly by the Department of 
Reform Institutions. Municipalities could be 
charged only the cost of inmates coming from them, 
certainly a lower cost than that of maintaining a 
jail and staff. 

Existing legislation provides for two or 
more municipalities uniting to support one common jail. 
If the number of prisoners confined in the jail of any 
county during two years does not exceed on an average 
four per day for either of such years, and the 
inspector reports to the Lieutenant-Governor that it 
would be proper that an agreement should be made for 
keeping the prisoners of such county in the jail of 
an adjoining county, the council of the first-mentioned 
county may agree with the council of the adjoining 
county for keeping and maintaining such prisoners in 
the jail of the adjoining county. 

The need for this legislation -- which is 
acted on too seldom under existing multiplicity of 
control -- would cease to exist if the Province were 
to take over all the jails and make whatever adjustments 
were in the interests of efficiency and economy. 

jails which have shown a decrease in inmate 
population during the past five years ipolude the 
following, with dates indicating the ends of fiscal 
years : 



- 167 - 



Brant, capacity 32 



Jruce, 



Hastings | " 



Huron, " 



ag at , 



Lambton, " 



Lanark, 



32 



Carle ton, " 124 



Dufferin, " 23 



iilein, ' 17 



Sssex, " 109 



Baldimand, ?t 14 



24 



12 



41 



3o- 



24 



Loods-Grenville 23 



Lennox-Aciai a/ton, 

23 



-idalesex, capacity 

31 



Norfolk, 



25 



• •. o r t i i u .rib e r land 
and Durham , "' 23 



Brant ford) - 



alkerton) - 



Ottawa) 



Oranreville) 



from a hifh of 33 

in 1950 
to 21.7 in 1953; 

from 13.3 in 1950 
to 9.3 in 1953; 

from 83. 8 in 1950 
to 62. 3 in 1953; 



* ■ 


from 


2.2 in 1952 to 
2.1 in 1953; 


3t. Thomas ) - 


from 
to 


14.9 
13.6 


in 

in 


1951 
1953; 


..indsor) 


from 
to 


91.6 
70.7 


in 
in 


1951 
1953; 


Cayufa ) 


from 
to 


7.7 

4.3 


in 
in 


1949 
1953; 


Belleville )- 


from 
to 


33.3 

23.3 


in 
in 


1950 
1953; 


Code rich) 


from 

to 


7.2 

4*4 


in 
in 


1949 
1953; 


Chatham) 


from 
to 


37.2 

26.4 


in 
in 


1951 
1953; 


Jarnia) 


from 
to 


25.3 
22.5 


in 
in 


1951 
1953; 


Perth) 


from 
to 


12.1 

6.6 


in 
in 


1949 
1953; 


Brockville)- 


from 
to 


ia.8 

11.9 


in 

in 


1950 
1953; 



fcapanee) - from 8.6 in 1950 

to 6.2 in 1953; 

London) - from 76 to 1950 

to 63.9 in 1953; 

Simcoe) - from 18.8 in 1951 

to 16.6 in 1953; 



Cobourg) - from 16.2 in 1950 

to 10.1 in 1953; 



- lGil - 



Perth, capacity 30 



Peterborough , :T 24 



i rince Edward , ;! 



Victoria , 



"aterloo , 



24 



36 



43 



ellinfjton, " 34 



Jtratforci) - from 7.6 in 1952 

to 6.6 in 1953; 

Pcterborou" h) 

- i'roi:i 25.4 in 1950 
to 16.5 in 1953; 

ricton) - from 6.2 in 1952 

to 5.4 in 1953; 

Lindsay) - from 11.4 in 1950 

to 7.1 in 1953; 

ilitchener) - from 30 in 1950 

to 23.7 in 1953; 

Guelph) - from 23.7 in 1950 

to 10. . ,v in 1953; 



In considering the possibility of amalgam- 
ation of jails if placer] under Provincial control, it 
should be noted that tnere are several examples of 
jails in adjacent counties whose combined population 
for the last fiscal year was less than that of one 
of them a few years ago, with every indication that 
the figures will not rise in the future. 

In Northern Ontario there are eight District 
Jails. All but three of these have shown an increase 
over the past 10 years. The following are those which 
have shown a decrease: 

Kenora, 28 (Kenora) - from 49.1 in 1949 

to 37.9 in 1953; 



Parry Sound, 20 (Parry Sound) 



- from 21 in 1949 
to 16 in 1953; 



Rainy River, 12 (Ft. Frances) 



from 10.4 in 1949 
to 7.7 in 1953; 



- 169 - 

Idleness . 

Under the Jails Act there is provision for 
employment of inmates in order that jails may serve 
as places of correction as well as custody. But, with 
the exception of a tile industry at Frontenac County 
Jail, Kingston, the Committee found no effective work 
program ■ in any of the jails visited. 

The only work provided in most jails is in 
the form of light duties such as dish-washing, sweeping 
and washing corridors, and looking after furnaces and 
ashes. In the summer months, a few inmates tend gardens 
and mow lawns. In some jails, inmates serve as cooks - 
a practice that cannot be condoned. Inmates also do 
some painting and minor repair work when necessary. 

Such duties, however, keep a proportionately 
low number of inmates occupied for relatively little of 
the time. There is no work for the majority of jail 
inmates. They must lie around in idleness, reading 
magazines and comic books, smoking, playing cards and 
talking among themselves. Such idleness bodes ill for 
reformation. For many inmates it appears to be merely 
a rest, or a recuperation period from alcoholic excesses. 

The need for an extensive work program for 
inmates in jails as well as other institutions is 
outlined in detail in the Industry section. 



- 170 - 

Segregation . 

There are inadequate facilities for segregation 
of prisoners in Jails. While they have individual cells, 
they have too great a variety of types of offenders 
to keep them all separate. In many jails, too, the 
initial segregation value of individual cells is lost 
when overcrowding necessitates placing of more than one 
prisoner in a cell, and housing of some of the overflow 
in corridors. 

Persons awaiting trial , including those sub- 
sequently found innocent, are afforded the same accom- 
modation in jails as hardened offenders with long records. 
Some governors try to keep those awaiting trial segre- 
gated, but the segregation is not complete. While the 
shock of being in a jail may have a salutory effect on 
some first offenders, it is equally possible that the 
contact with experienced criminals will tend to school 
them and confirm them in criminal ways. The segregation 
problem is further complicated by the fact that jails 
have to house certain types rf prisoners that should 
never go to jails at all. Mental cases are one burden, 
disrupting routine operation, which the jails should no -1 , 
have to carry. Persons remanded for mental examination 
by magistrates are kept in jails until they are either 
certified or discharged. In many instances these mental 
cases require specialized attention and handling which 
jail staffs, through lack of training and equipment, are 
not able to supply. They are a disturbing influence on 



- 171 - 

the ordinary prisoner, and it has been suggested that 
the jail atmosphere itself contributes to aggravation 
of mental illness. 

The place for mental patients is a hospital 
or some refuge other than a jail, but under the present 
system the Governor of a jail cannot refuse to accept 
a mental patient if he is properly committed by a 
magistrate. The matter of mental cases is discussed 
fully in Chapter V. 

Juveniles should never be housed in jails. 
To do so is common practice, however, in certain areas 
where there are no juvenile detention homes. Although 
some jails provide separate wards for them, the very 
fact that these youngsters are kept behind bars in an 
adult institution is, in many cases, a setback to hopes 
of deterring them from further crime. In many jails 
they are placed in cells adjacent or near to those 
occupied by all types of adult offenders, including 
ex-penitentiary men, sex offenders, habitual criminals 
and alcoholic derelicts. In such an atmosphere most 
juveniles, who are generally awaiting hearing on minor 
offences, cannot help but be contaminated. 

Few of the jails have proper quarters for keep- 
ing female prisoners and, in some cases, they are kept 
in the Governor's residence. In one jail, the Committee 
found four females were kept in a single small room, 
intended to serve as a hospital, crowded with four beds, 
a table and an exposed bath-tub. 



- ] r ~ , "> _ 

The housing in jails of prisoners awaiting 
appeals is ctill another burden the jails were never 

intended to carry. In some jails persons sentenced to 
penitentiary terms have waited as long as a year for 
their appeals to be heard. Others, sentenced to terms 
in a reformatory, have spent months in the local jail. 
This addition to the cost and confusion of operating 
the jails could be removed by sending the prisoners, 
after conviction, directly to the places to which they 
have been sentenced, there to await hearing of their 
appeals. 

Another imposition on jail facilities is their 
use as lock-ups by Ontario Provincial Police and local 
police who sometimes have their own cells but prefer to 
lodge their prisoners in the jail. This not only com- 
plicates the security problem for the Governor and jail 
staff, but also adds to morale and other problems when 
lock-up prisoners are brought in during the night, 
disturbing the entire inmate population. 

Security . 

Many jails have only one guard on duty at 
night. Such an arrangement obviously is not good enough 
either for security or safety from fire. A single guard is 
vulnerable to disturbances or attempts to escape, 
especially if aided by outside accomplices. In case o v 
fire, he would have to choose between the safety of tie 
inmates and a Departmental regulation that forbids a 



- 173 - 

guard to go into a corridor of cells alone with the keys. 

Although officials of the Department stated it 
was definite policy to have at least one guard on duty 
at all times, the Committee found there was no night 
guard at one jail visited. At another, special super- 
vision of a man charged with murder and being held in 
the death cell was provided by placing a short-term 
prisoner in the adjacent cell. This man was instructed 
to press a buzzer if anything went wrong and there was 
no guard nearby. (The Minister and Deputy Minister 
remedied this situation immediately when it was brought 
to their attention.) 

Examination of incoming prisoners is insuf- 
ficiently thorough. Modern devices to aid in detecting 
contraband, such as the fluoroscope, are being installed 
in the city jails but there still are none in the county 
and district jails. 

The suicide of a condemned man shortly before 
he was to hang at the jail at Cornwall underlined the 
need for thorough examinations in the interests of 
security. Although the staff was absolved of blame 
in that case, there was a definite weakness in the 
regulations. This weakness should be corrected to provide 
better safeguards against the entry of contraband by any 
means. 

None of the jails visited, with the exception 
of the Don Jail, had an enclosure to ensure security 
in the reception and transfer of prisoners. The usual 



- 174 - 

procedure at most jails is for the police to bring 

prisoners to the door and turn them over to the jail 

staff. No special precautions are taken to decrease 

the possibility of a bolt for freedom by a prisoner 

on his way from the police vehicle to the jail entrance. 

This method was used for an escape at the Don Jail last 

year, before the enclosure was built, and it could easily 

be repeated at other jails. An enclosure should be 

provided at each jail into which the police vehicle 

could drive and, after the gate had been secured, discharge 

prisoners with the maximum of safety. 

While individual locks on cells may be good 
for security, their disadvantages as fire hazards far 
out-weigh their advantages. It has been recommended in 
Chapter III that gang locks be installed in all custodial 
institutions. 

Poor facilities for visitors constitute a 
security hazard. Besides providing inadequate privacy, 
they provide a possible means of passing contraband. The 
Committee was impressed with the visitors' facilities 
at the Tombs Prison in New York City, consisting of booths 
separated by unbreakable glass. The inmate sits in one 
booth, the visitor in the other, and they converse by 
telephone. Such a facility would be relatively inexpensive 
to install. As a means to strengthening security, this 
type of booth should be provided in all Ontario jails. 

Basically, of course, security is one of the 
few things that jails have in abundance. They were built 
to be high-security prisons and they still fulfill that 



- 175 - 

function, with the exception of the drawbacks stated 
above. 

Other Facilities . 

Few of the jails have suitable places for 
chaplains and lawyers to interview inmates. Departmental 
regulations call for a guard to be in sight but out of 
ear-shot when such interviews are taking place. Space 
provided for interviews varies from jail to jail and 
often does not permit even the minimum of privacy en- 
visaged by the regulations. The telephone method for 
interviews, described above, would permit proper privacy 
as well as improving security. 

Medical examinations are cursory with little 
attention being paid to the possibility of incoming 
inmates having communicable diseases, or other ailments 
requiring thorough diagnosis. In institutions with such 
rapid turnover and such varied populations, complete and 
thorough examinations of all incoming individuals should 
be considered as essential. 

Meals are generally adequate but many jails, 
having neither a cook nor a guard trained to act as cook, 
depend on inmates to prepare the food. This practice is 
deplorable from the points of view of diet, morale, san- 
itation, economy, and general efficiency of operation. 
With the quality of the food dependent on the ability of 
someone who happens to be incarcerated, there obviously 
can be no consistency. Good food may be virtually wasted 



- 176 - 

by poor preparation. There is no guarantee that every 
inmate-cook always will be meticulous in his cleanli- 
ness. It is an established fact that food is a major 
factor in inmate morale, and consequently in the dif- 
ficulties of operating institutions. While it would be 
uneconomical for most jails to hire persons solely to do 
the cooking, it is essential that every jail at least 
have sufficient guards with cooks T training that a 
guard-cook is present to direct the preparation of 
every meal . 

Library facilities in jails range from fairly 
good to utterly inadequate. The reading of suitable 
books is a factor in morale and in the reformative 
process itself. Yet jail libraries, in the main, have 
only old cast-off books which have been donated and which 
often are dirty and torn. Those jail governors who have 
tried to brighten up their libraries and keep their books 
in repair deserve commendation, but they find it next to 
impossible to get enough good books to set up a really 
satisfactory library. In the interests of morale and 
reformation, all jails should have attractively set-up 
libraries stocked with good books. 

As noted in the section on Custodial Properties 
(Chapter III), jails lack rudimentary sanitary conven- 
iences and inmates are required to use night pails; 
many employ unsatisfactory methods of decontaminating 
incoming prisoners; many lack proper facilities for 
showers and baths; and many are poorly ventilated. 



- 177 - 

In the Properties chapter it is recommended that a 
minimum set of standards be established to help 
correct these deficiencies. 

Staff Problems . 

Lack of a uniform policy for wages and working 
conditions has resulted in salaries that vary from jail 
to jail depending on the inclinations and finances of 
county councils. In some areas salaries paid by industry 
are far better than those paid guards. This fact leads 
not only to dissatisfaction among the guards, but also to 
difficulty in obtaining new guards of a consistently 
high calibre. 

Guards in district jails are all paid en the 
Provincial salary scale that starts at $2,240, plus 
cost-of-living bonus of $120 annually. But starting 
salaries for guards in county and city jails range from 
absut $1,600 to $2, $40. In some places there is a cost- 
of-living bonus, in others there is no bonus. Such 
salaries, even the best of them, compare most unfavorably 
with starting salaries of $4,063 paid new guards for 
doing similar work at Wayne County Jail in Detroit . 
Although comparison with an institution in another country 
may be of questionable validity, there can be no doubt 
that the divergency of salaries throughout the province 
constitutes a shocking situation. For example, there 
is a difference of more than $1,000 in starting salaries at 
two jails little more than 20 miles apart. It is no wonder 



- 173 - 

that, at every jail visited by the Committee, the 
common complaint of staff members pertained to salaries. 

While at first glance salary levels may seem 
to be a problem for routine administration, they can 
make a great contribution — for good or for bad — 
to all phases of custody and reformation. To get men 
of a high calibre in the first instance, and to keep 
them interested in their work, requires a salary level 
that is sufficiently high to attract them and to keep 
them contented. It must be remembered that jail guards 
work in daily association with offenders against the law, 
performing a sometimes hazardous task with heavy res- 
ponsibilities. And they work behind bars — a condition 
that is an initial deterrent to many who might consider 
entering such employment. The Committee was most 
pleasantly surprised to find so many extremely capable 
men in service as jail guards, but it clearly would be 
naive optimism to expect such good fortune to continue 
indefinitely under existing conditions. 

Two steps should be taken in regard to the 
salaries of jail guards in Ontario: (1) they should be 
freed from the whims and financial difficulties of 
local Councils and placed on a single, province-wide basis; 
and (2) they should be raised to a proper level. 

When salaries in a jail are not what they should 
be, private industry quickly attracts many of the guards. 
If we want a continuity of dependable men and a con- 
sistently good type of guard who can command the respect 



- 179 - 

of the inmate population, we cannot escape paying the 
price . 

There is no general program for training of 
jail guards. They can go to the Guards Training School 
at Guelph Reformatory at the discretion of the sheriff; 
but since this training is not compulsory, few guards 
are given the opportunity of taking it. 

Were the Department solely responsible for the 
hiring of guards, they could be moved from one institu- 
tion to another and thereby be better prepared for 
senior jobs and have many more chances for promotion. 
It would be only fair to jail staffs, from guards to 
governors, to have the opportunity of transfer to all 
other reform institutions. 

Placing of all jails under control of the 
Department of Reform Institutions would permit standard- 
ization of salaries, uniforms, hours of duty and staff 
training. Such revision of control must be the first 
step toward a system that would provide the maximum 
incentive for a high calibre of officer tc follow a 
worthwhile career in jail employment. 

Regulations . 

The regulations which jail employees are 
supposed to follow, provide a further example of the 
impossibility of operating jails under the existing 
system. As set out in 1950, under the Public Institutions 
Inspection Act, applying to jails, jailers and prisoners 



- 180 - 

under the Municipal tct or the Jails Act, these reg- 
ulations include so ne requirements that are commonly 
violated and others that can only be ter ned wishful 
thinking. It is unlikely that any set of regulations 
could be effective as long as jails continue in their 
present confused and inadequate state. 

Regulation 5 rules that "the jailer shall 
not admit to the jail any persons brought by constables 
or others unless such persons are accompanied by committal 
papers or remand orders signed by competent authority." 
A glaring infraction, common throughout the Province, is 
the admittance to jails of lock-up prisoners from Ontario 
Provincial Police or local police, especially at nights 
and over week-ends, regulation 5 would appear to con- 
flict with the Municipal net , Jection 3^3, which provides 
authority for the use of jails as lock-ups. 

Regulation 10 rules that jailers shall ensure 
that various types of orisoncrs shall be "properly seg- 
regated according tc class and sex in separate areas if 
the accommodation and arrangement of the jail per nit" . 
This regulation is sufficiently watered down that it is 
practical to carry out, and jailers do their best to comply, 
but the qualifying clause of the regulation merely admits 
that most jails are not capable of the segregation that 
is absolutely essential in a decent civilized society. 

Regulation 22 rules that a jailer shall employ 
prisoners in a number of ways, including "any industrial 
■>rcject which nay be proviaed at the jail", regulation 23 



- 131 - 
rules that no prisoner shall be permitted to work more 
than eight hours a day. Regulation 65 rules that 
"a prisoner in a jail shall not idle". These reg- 
ulations have a decidedly hollow ring in view of the 
idleness prevalent among jail prisoners. 

Regulation 34 rules that no jail employee shall 
even enter a corridor unless another employee is present, 
and sets out the precautions to be taken to ensure that 
prisoners cannot make a successful break for freedom 
when a guard enters their corridor. While this is an 
admirable security regulation, there is no further 
reference here or elsewhere to what a guard should do 
if he were alone on duty at night and a fire broke out. 
If he followed the regulations he would stand by and 
watch the prisoners burn to death rather than freeing 
them before help arrived. 

B. SPECIFIC JAILS 

As noted above, district jails are superior 
in some respects to the city and county jails in the 
southern part of the province. Their superiority is 
a direct result of the fact that they are operated 
directly by the Department of Reform Institutions. 

With the exception of this distinction in 
administration, the Committee's findings apply generally 
to all jails. The difference from jail to jail is only 
a matter of degree. The governors are doing the best they 
can within the very restrictive bounds of existing facil- 
ities and administrative machinery. 



-182- 



The following is a summary of conditions 
existing at representative jails across the Province 
which were visited by the Committee. 

Don jail, Toront o 

Overcrowding far above the intended capacity 
of 331 -- 34 1 males and 40 females -- is common each 
winter. As many as 625 prisoners have been in the 
jail at one time but inmate population has been reduced 
by about 40 percent, recently through the co-operation 
of the Department of Reform Institutions in transferring 
inmates to other institutions as soon as possible. 

The jail is inadequate because of the high 
inmate population and turnover. During the year ending 
March 31, 1953, a total of 20,499 persons passed 
through the jail -- two-fifths of all those incarcerated 
in Ontario. In 1952, the number was 21,500 and in 
1951, it was 22,700. While these figures suggest 
a gradual reduction in passage of prisoners through 
the jail, there are indications that the trend may be 
upward for the year ending March 31* 1954. 

Conditions at the jail have shown considerable 
improvement following the Royal Commission Inquiry 
of 1952. The Governor is commendably capable and is 
doing the very best he can with the facilities at 
his disposal. Both the Department of Reform Institutions 
and the City of Toronto have co-operated in trying to 



-183- 



relieve the situation at the Don, but the jail just 
does not have the accommodation to serve the demands 
imposed by the immense population of Metropolitan 
Toronto and York County. 

Multiplicity of control has been the major 
factor obstructing improvement. The Mayor of Toronto 
recommended to the Committee that the Department of 
Reform Institutions assume complete control of the 
jail. He commented that civic governments in Toronto 
changed so often that it was almost hopeless to expect 
continuity in jail administration and policies. 

Use of the jail farms at Langstaff and Concord 
by the Department of Health has resulted in considerable 
financial loss to the Province , and gain by the city 
and county. Maintenance of prisoners from the Don 
who would have gone to these farms but went instead 
to Provincial institutions since September 5, 1939:, 
has cost the Province over $3,000,000. 

Up until August 22, 1953, other accommodation 
had to be found for 314,371 male prisoners, who would 
have gone to Langstaff at a net cost to the Province 
of $2,834,524.24, allowing for the portion of Lang- 
staff's costs that normally would have been paid by 
the Province. The Mercer Reformatory had to 
accommodate 2,015 females who would have gone to Concord 



-184- 

at a net cost of $226,600.17. 

If the extra cost to the Province of 
finding alternative accommodation for these inmates 
is considered as rent for the institutions, it might 
be that a more reasonable rate could be agreed upon 
and the City of Toronto charged with the balance. 
The Department of Health has announced its plans to 
return Langstaff and Concord to Toronto in the near 
future -- a transfer that would pave the way to 
easing of overcrowding at the Don Jail -- but no 
definite date has been set. In view of the cost 
to the Province and the overcrowding at the Don Jail, 
stemming from the Health Department's continued use of 
the Langstaff and Concord properties, consideration 
should be given to their return at an early date. 
Barton Street jail, Hamil ton 

This jail was built in 1870. It has 
accommodation for 100 (87 males and 13 females) and 
in 1953, the average daily population was 101.1. 
Prisoners are being segregated to the best of the 
Governor's ability. At the time of the Committee's 
visit, a protected unloading enclosure for prisoners 
was planned. Incoming inmates are given an immediate 
medical examination. The jail is not used as a lock- 
up by city or provincial police. The only work for 



-185- 



inmates is in the laundry and kitchen, and exercise 
yard permits 40 minutes a day exercise for inmates. 

Control of the inmate population is more 
satisfactory than at some other jails because neither 
City nor Provincial Police use it as a lock-up, and 
magistrates make effective efforts to see that mental 
cases are removed as quickly as possible. 

Fire authorities questioned the safety from 
fire and smoke hazards in case of emergency. Women 
prisoners would have to go down three flights of stairs 
and the individual locking system -- as at most other 
jails in the province -- would not permit rapid 
evacuation. 

Middlesex County jail, London 

This is an old jail with accommodation for 
72 males and nine females. The average daily population 
in 1953 was 63.9. The institution has no guard cook 
and depends on inmates to prepare food. An alarm 
buzzer is connected with the police department and 
in case of fire could be sounded at the same time the 
fire department was telephoned. There is a well-kept 
library and good exercise yards. Work consists mainly 
of housekeeping and gardening but an additional 
occupation for inmates is participating in syphilitic 
research being made in conjunction with the University 



-186- 



of Western Ontario under supervision of the jail 
doctor. Younger inmates are segregated. There is 
a good interviewing room where both privacy and security- 
are adequate. Cell locks are badly worn and need 
constant attention by a locksmith. 

Carleton County jail, Ottawa 

This jail has accommodation for 108 males and 
16 females. in 1953, the average daily population 
was 62.8, about half the capacity. Dish washing and 
other housekeeping duties are provided for the females 
but none for the men. There is no library. Former 
reformatory and penitentiary inmates are kept in 
separate groups so that segregation is better than 
average. The jail is used as a lock-up by the Ontario 
Provincial Police. Ventilation is inadequate. 

Essex County jail, Windsor 

Although there is accommodation for 88 males 
and 21 females, average daily population last year 
was 70.7. This was one of the best jails the 
Committee visited. Segregation is fairly good, since 
the population-capacity ratio is favorable. The 
housekeeping was good, as is the housekeeping at most 
jails; appointments and conveniences were goodj, and 
the kitchen excellent. 



-187- 



Stormont, Dundas and Glengarry jail, Cornwall 

This is one of the oldest jails in the 
Province, having been built in 1834- There is 
accommodation for 18 males and four females; and 
in 1953, the average daily population was 18 A. 
There is no guard cook, the governor depending on 
inmates to prepare the meals. Night pails are used 
in the cells and prisoners are employed in the 
corridors for painting and general work. County 
Council has been hesitant to modernize the jail because 
it is considered more or less a holding place for 
prisoners. Lawyers interview their clients in the 
cell block, sitting on kitchen chairs. 

The Governor and his staff seem capable and 
they were exonerated of blame when a condemned man 
committed suicide a short time before the time set for 
his execution, although in such things as preparation 
of meals, the regulations were not strictly adhered to. 

Brant County jail, Brant ford 

This jail has a cell capacity of 38 (24 males 
and eight females) and in 1953, the average daily 
population was 21. 7. Work in the jail is limited 
to housekeeping duties since there is a guard cook. 
There is no examination to determine if an incoming 
prisoner has a communicable disease. City fire 



-188- 



authorities have notified jail officials that the 
plywood lining of parts of the interior is a fire 
danger and have recommended certain other changes 
in the interests of fire prevention and the installa- 
tion of a standard manually-operated fire bell, large 
enough to be heard in all the corridors. 

There was no regular night shift at this 
jail at the time of the Committee's visit in September, 
1953, although it is the Department of Reform 
Institutions ' stated policy to have at least one officer 
on duty at night and although a night shift had been 
recommended locally. 

Ontario County jail, Whitby 

This jail was built about 100 years ago. 
There is accommodation for 25 males and six females, 
and the average daily population during 1953 was 28. 
The average which during the past five years was 24.3, 
appears to be increasing with the general increase 
in population in the area. The jail is used as 
a lock-up by both Provincial and town police. 

While the Governor is doing an excellent 
job considering the facilities that are at his disposal, 
the Committee found this jail to be the most antiquated 
of all the jails visited. There was no female 
accommodation and four women were crowded in the 



-189- 



hospitai room, a space about 11 feet by 14 feet, with 
an op^n bathtub , leaving the jail without a hospital. 

There were no lights in some parts of the 
building. The cells were so small that a heavy person 
would have trouble squeezing in the entrance and would 
have difficulty turning around inside since the cot 
takes up most of the space. 

Simcoe County jail, Barrie 

This jail has accommodation for 27 males 
and three females. In 1953., the daily average popu- 
lation was 40.9, largely due to the increased industrial 
development of the surrounding area. The only way 
space could be found for additional prisoners was by 
putting three beds in each cell. Despite the 
overcrox*Jding, the jail was well operated and clean. 

We Hand County jail, We Hand 

This jail has accommodation for h'J males 
and nine females. in 1953, the average daily 
population was 40. No juveniles are admitted to 
the jail. The jail is used by the Ontario Provincial 
police as a lock-up. Separate rooms are available 
for the use of clergymen and lawyers. Extensive 
renovations of the County building, in which the jail 
is located, have brought improvement of facilities 
and the Governor keeps the property spotlessly clean. 



-190- 



Lincoln County Jail. St . Catharines 

This is an old building with accommodation 
for 45 males and 6 females. Juring 1953, the average 
daily population was 26.7. The jail has its own 
guard cook. The only work for inmates is housekeeping 
and clearing ground at the back of the jail. Lawyers 
and -linisters use the turnkey's room and visitors talk 
to inmates through a frill. Doth the Ontario Provin- 
cial and city police use the jail as a lock-up 
although there are cells in the city hall. The 
Governor does not accept juveniles as prisoners. 



-191- 

Frontenac County jail, Kingston 

This jail is over 100 years old. It has 
accommodation for 33 males and 15 females, and in 
1953 j the average daily population was 20.3. No 
juveniles are admitted. There is no guard cook. 
The city uses it own lock-up but the jail is used 
occasionally as a lock-up by the Ontario Provincial 
Police. The jail had a thriving tile industry, -- the 
only industry in a jail that the Committee found -- 
and employing five inmates daily. The tiles are sold 
to local councils. 

This work was stopped last year after an 
inspector deemed it unwise for security reasons, but 
after subsequent discussions were pressed both by the 
Committee and the Department, it was decided to resume 
the industry in the spring. 

Waterloo County jail, Kit ch ener 

This jail has accommodation for 43 males and 
five females. In 1953; the average daily population 
was 23.7. Juvenile offenders are handled by the proper 
authorities and are not admitted to the jail. 

Housekeeping is the only work for inmates. 
No precautions are taken to ensure safety of prisoners 
in a long walk from the road to the jail door. 



-192- 

IlastiniTs County Jail. Belleville 

Built in 193^, this jail has accommodation 
for 1$ males and 6 females. In 1953, the average 
daily population was 23 •£. There are no night fire 
drills, no decontamination facilities, and no deten- 
tion place for juveniles. They are kept in the 
women's room, when necessary to detain them. Lawyers 
interview inmates in the Governor's office. There is 
no work provided for inmates. 

Victoria County Jail. Lindsay 

although this jail has accommodation for 30 
males and 6 females, in 1953 the average daily popula- 
tion was only 7.1. It was the first jail visited by 
the Committee which had instituted a system of ni^ht 
fire drills. The town has its own lock-up, but uses 
the jail for the purpose. The matron is the governor's 
wife and is on duty or on call 24 hours a day, every 
day in the year, for which she is paid a very nominal sum. 

The governor, after 31 years of service, is 
paid a lower salary than many less experienced men 



'; 



■• 



i i 



.: - ■ ' ' - • 



1 



•; 



: 



! 






: . 



'. ! ': 






1 •.• 



. . 









•• 



: 






. 



• ' 



- 



' " , 



' ■ •' : 



. ' 



•193- 



carrying lesser responsibilities in other custodial 
institutions in the province. 

Peterborough County jail. Peterborough 

With accommodation for 18 males and six females , 
this jail held an average daily population of 16.5 
during 1953' The building is in good condition. 
Salaries are much more adequate than at the nearby 
Lindsay jail. 

H alt on County jail, M ilton 

This jail has accommodation for 17 males 
and six females. In 1953, the average daily 
population was G.6. At the time of the Committee ' s 
visit last summer, normal refrigeration facilities 
consisted of a cake of ice in a pan. If any 
hangings took place here they would have to be in 
an enclosed courtyard or exercise area which is 
plainly visible from surrounding buildings, unless 
structural changes were made to construct a gallows 
inside the building. 

Kent County jail, Chatham 

This jail has accommodation for 35 males 
and six females. in 1953, the daily average popu- 
lation was 26.4. Because the jail is used as a 
lock-up by the Ontario Provincial Police, three or 



-194- 



four cells have to be left vacant each night so that 
prisoners can be brought in with a minimum of dis- 
ruption to those trying to sleep. The O.P.P. has 
revised its plans for a new detachment building to 
make provision for lock-up cells. There is a special 
corridor of cells for detention of juveniles. 

Although the building is old, renovations 
have made the jail one of the best in the Province, 
complete with gang locks and modern sanitary facilities. 

Sudbury District jail, Sudbury 

Although capacity of this jail is 69 (59 males 
and ten females) in 1953, the average dally population 
was 91, and it often rose above 100. Overcrowding 
is aggravated by the large number of persons kept on 
remand. Some have to be housed in the corridors 
and others in the "bull pen". There were 10 juveniles 
in the jail at the time of the Committee's visit last 
summer, confined to a room, instead of in cells. Female 
juveniles are put in a remote part of the women's 
quarters. Work for inmates includes housekeeping, 
the laundry, gardens, kitchen and cleaning up the 
courthouse. There is no enclosure for receiving 
prisoners who are brought across open territory to 
the jail entrance. 

Like other jails in Northern Ontario, the 



-194- 

Sudbury jail has to discharge penniless persons 
hundreds of miles from home, with no provision for 
transportation except, through the informal co- 
operation of Ontario Provincial Police. (See Appendix E) 

Nipissing District jail, North Bay 

This jail has accommodation for 50 males 
and nine females. In 1953, the average daily 
population was 53.4. The kitchen staff is supervised 
by a guard cook. There are regular fire drills but 
no fire alarm box. There is no immediate medical 
check on incoming inmates. During one year, this 
jail had to admit 65 mental cases. Juveniles are 
admitted to the jail and are kept in a cell. The only 
access to the governor's apartment is through the 
institution. When the Committee visited the jail 
last summer, one prisoner was entrusted with keeping 
special watch on another prisoner who was charged 
with murder. (The situation was quickly rectified). 

Kenora District Jail, Kenora 

This jail has accommodation for 22 males 
and six females, in 1953, the average daily population 
was 37.9. Much of the overcrowding is caused by the 
jail's use by local police, Provincial Police and 
R.C.M.P. as a lock-up. The daily average population 



• 



>" -• 






-195- 

in the month previous to the Committee's visit was 
57. Housekeeping was good. 

Thunder Bay District jail, Port Arthur 

This jail has accommodation for 64 males 
in cells and 15 in an open type of cage downstairs. 
There are nine cells for females. The averagedaily 
population in 1953 was 161.7 -- nearly twice the 
intended capacity. Prisoners are unloaded at the 
front door of the jail with no enclosure. Juveniles 
are kept in solitary cells. The jail is badly over^ 
crowded most of the time but efforts are made to 
segregate first offenders. A few inmates are kept 
busy cutting grass, looking after flowers and helping 
in the kitchen. The jail has a library but has 
difficulty keeping books in good conditions because 
many of the inmates tear off thecovers. Some 
educational movies are shown by the Salvation Army. 
The jail has its own chef. 



-196- 



C. RECOMMENDATIONS 
On the basis of the findings outlined above, 
the Committee makes the following recommendations: 

1. That the Department of Reform Institutions 
assume control and operation of all district, county 
and city jails; 

2. That sheriffs be relieved of all powers, direct 
or indirect, in connection with jails; 

3. That all jail personnel be absorbed into the 
Civil Service of Ontario with the full benefits accruing 
thereby, on a basis of equality with employees of other 
Reform Institutions; 

4. That municipalities and Ontario Provincial Police 
make provision for lock-ups and for maintenance of same 
for their own purposes to the greatest possible extent, 
instead of imposing upon county jails; 

5. That the Department of Reform Institutions 
make whatever adjustments are necessary to ensure the 
maximum economy and efficiency in jail operation, 
including amalgamation of little-used jails in adjacent 
areas; 

6. That jails be used only to house adult persons 
on remand and those serving short sentences, except for 
narcotics addicts, and any other prisoners requiring 
special treatment as noted in this Report; 

7. That the Department of Reform Institutions take 
whatever steps are necessary to elevate jails to the 
standards recommended in this Report, including provision 



-197- 

for proper segregation, inmate employment, medical 
care, sanitation, exercise and hobbies; 

$. That the Department of Reform Institutions 
provide facilities for visitors, such facilities to 
consist of sets of two booths each separated by un- 
breakable glass, and supplied with telephones for 
verbal communication. 

9. That enclosures be provided at all jails to 
ensure maximum security in reception and transfer of 
prisoners . 

10. That examination of incoming prisoners be 
more thorough, utilizing such moder devices as the 
f luoroscope, where practical, to intensify precautions 
against the entry of contraband. 



-198- 



CHAPTER V. 

MENTAL CASES 

1. JAILS USED AS MENTAL HOSPITALS 

Jails are custodial institutions designed 
and intended to house offenders against the law. 
They were never intended to be hospitals and it is 
to be hoped that they never will be expected to 
serve that function. Therefore the Committee 
was disturbed to find in the year ending Larch 
31st, 1953 j a total of 691 mentally ill persons 
were housed in the jails of Ontario. Of this 
number, 39$ were committed to jail as mentally 
ill and the remaining 293 were convicted on 
some other charge and later were certified as 
being mentally ill. In addition, 28 persons sent 
to reformatories and industrial farms subse- 
quently were certified as being mentally ill. 

This is a shocking situation that 
should be remedied. Evidence of jail governors 
throughout the Province was to the effect that 
jails did not have the facilities to hold the 
mentally ill. When such persons became violent, 
they had to be tied to beds. Their presence was 
disturbing to the other inmates and complicated 
problems of safe custody and inmate morale. 

The housing of mentally ill persons in jails 
is a convenience which should not be tolerated. Be- 



-199- 



sides being unfair to the jails, it is grossly un- 
fair to the individual involved. Any law abiding 
citizen of Ontario, who is mentally sick may be 
stigmatized by a period in jail, with consequent 
embarrassment to his family. It is a contradiction 
to our traditions and standards that persons who are 
sick from the eyebrows down go to a hospital, while 
those who are sick from the eyebrows up are forced 
to go to jail. 

2. EXISTING PRACTICES. 

When a person submits voluntarily to a 
mental examination there is no difficulty as to where 
he should be temporarily detained. Jails can and 
do become involved, however, when a person does 
not voluntarily submit to examination. The pro- 
cedures under which such a person may be held in a 
jail are set out in the Mental Hospital Act. 

Under Section 25, there are two methods 
by which a person suspected of being mentally ill 
may be apprehended, held and subsequently brought 
before a magistrate. Information may be laid be- 
fore a Justice of the Peace, a warrant issued and 
the person then apprehended; or, if a constable or 
peace officer finds a person in a public place 
"conducting himself in a manner which in a normal 
person would be disorderly", he may apprehend him 
without warrant. In either case, he is to be de- 



-200- 



tained "in some safe and comfortable place", 
pending appearance before the magistrate. 

The magistrate is required to start en- 
quiries immediately into the question of the per- 
son's mental condition. He also is charged with 
the proper care and custody of the person, for 
whatever time is necessary to have examinations 
conducted and reports delivered by duly qualified 
doctors. The magistrate has the alternatives of 
directing that the persons be confiend in "some 
safe and comfortable place, or in the custody of 
the constable or other person who apprehended 
him, or such other safe custody as the magistrate 
deems fit." 

Section 35 of the same Act prescribes an- 
other procedure that a judge or magistrate may 
follow where the person has been charged with an 
offence, (It should be noted that mentally ill 
persons are often charged with nominal offences, 
such as vagrancy, as a means to their detention 
and examination.) The magistrate may order that 
the person be removed to a convenient mental hos- 
pital, hospital school, or examination unit and there 
examined. Under such an order the person may be 
detained for not more than sixty days, unless 
the examination during that period results in his 
certification as mentally ill or mentally defective, 



-201- 



in which case he is detained as a certificated pati- 
ent subject to all the provisions of the Mental 
Hospital Act. 

Under Section 2$, the magistrate has dis- 
cretionary power to order further examination, dis- 
charge a person, or remand him to a mental hospital 
or similar place for up to sixty days if he is not 
satisfied that the person is mentally ill or ment- 
ally defective. He has this alternative regardless 
of whether or not two doctors agree that the person 
should be certified. 

Under these Sections, there would appear 
to be sufficient legislation to ensure proper 
detention and disposition. In practice, however, 
magistrates regard jails as "a safe and comfortable 
place", and in the majority of cases remand those 
suspected of being mentally ill to the local 
jail for examination. This is a convenient method 
but a most unsatisfactory one. The existing legis- 
lation takes great care to protect the individual's 
rights and liberties, and the safeguards against 
improper certification are impressive. The use 
being made of the legislation is most detrimental 
to the individuals it tries to protect. It is 
no more logical to examine persons suspected of 
being mentally ill in a jail than it would be to 
examine persons suspected of having a tuinor in a 
jail. Those who are sick, or appear to be sick, 



-292- 

should go to a hospital, whether the 

sickness in question is physical or mental. 

Jails are literally safe and comfortable 
places for ordinary purposes, but they lack such 
facilities as padded rooms and restraining jackets 
that are necessary to ensure the safety of one 
who may be mentally ill. There is also considerable 
question as to whether they are comfortable for men- 
tal patients from the medical and psychiatric points 
of view. The definition could n.ore accurately be 
interpreted to mean private homes where competent 
personnel are available, or, better still, the 
nearest hospital. Magistrates find that hospitals 
are unwilling to take such patients, even if space 
is available, because of the difficulties of 
guarding them. 

Provincial legislation enacted in 1952 
makes provision for Provincial grants of either 
4^,500 per bed, or 66 2/3 per cent of the per bed 
cost to any hospital that provides a detention unit. 
An additional g ran t is given by the Dominion Govern- 
ment for such purposes. Yet fewer than a dozen hos- 
pitals in the Province have availed themselves of 
these grants to date. Committee expresses the hope 
that more hospitals would establish detention 
units if the Province carries out a plan which has 
been considered to provide maintenance grants in 
addition to the Capital grants. 



-203- 



Under the existing practice, mental 
patients are detained in jails not only until 
certification takes place, but also for a 
further period while proper documents are trans- 
mitted by the magistrate to the Deputy Minister 
of Health, and the Deputy Minister issues 
his warrant permitting admission to a mental 
hospital. While some legal authorities contend 
the delay is a good one in that it preserves the 
rights of the individual a little further, the 
Committee believes any benefits are more than 
offset by the evils of the practice. An emer- 
gency procedure for violent cases is seldom 
used by governors and magistrates, perhaps be- 
cause they are not aware of it. If the cer- 
tifying magistrate, on the advice of the gover- 
nor, telephones Toronto outlining the particu- 
lars of such cases, the Deputy Minister may tele- 
graph special permission enabling transfer im- 
mediately to the most convenient hospital. Cer- 
tain magistrates make commendable efforts to 
hasten the transfer of obviously mentally ill 
persons from jails to hospitals. There were 
other instances, however, where remands took place 
for several weeks during which time the persons 
was held in the jail. The Committee was partic- 
ularly impressed with the practice of magistrates 
in Hamilton and Toronto, who when circumstances 



-204- 



warcant, try to have a person certified and 
transferred to mental hospital within a day or 
two of his apprehension. 

(The Committee noted with concern that 
of 29 r , persons admitted to the Don Jail, Toronto, 
for mental examination during the last fiscal 
year, 44 were post-war immigrants and 38 of these 
were certified and hospitalized. The Honourable 
Walter Harris, the Minister of Citizenship and 
Immigration, took an immediate interest in this 
situation, and, at his request, the Committee 
furnished him with full details. He said that 
experience had shown that most of those having 
a mental or physical disability had acquired 
them after their arrival in Canada but he prom- 
ised an investigation of the adequacy of im- 
migration screening. He pointed out that, under 
certain circumstances, such people were liable 
for deportation.) 

It is apparent that Section 35 of the 
Mental Hospital Act, involving transfer to a 
hospital for examination, is the section that 
should be used whenever possible when dealing with 
mental cases, who appear before a magistrate; 
that the "safe and comfortable place" envisaged 
by the Act is open to loose interpretation; and 
that suitable facilities for detaining mental cases 



-205- 



pending examination and either discharge or removal 
to a mental hospital, are not available in many- 
localities. Many magistrates appear to make 
little use of Section 35, if they use it at all. 
Jails, which are completely unsuited for housing 
mental patients, are commonly designated as "safe 
and comfortable places" under the Act, Very few 
general hospitals have the detention wards neces- 
sary for the housing of mental patients, 

RECOMMENDATIONS. 

On the basis of the findings outlined 
above, the Committee recommends: 

1. That magistrates be encouraged to use the 
procedure outlined in Section 35 of the 
Mental Hospitals Act whenever possible 
when dealing with suspected mental cases. 

2. That "a safe and comfortable place" under 
the Mental Hospital Act should be defined 
fully so that hospitals shall be preferred 
and jails shall come within the definition 
only as a last resort. 

3. That General Hospitals in all localities be 
encouraged to establish detention units re 
housing of mental patients. 



-206- 
CHAPTER VI 

THE CUSTODY AND REFORMATION OF INMATES 
1. GENERAL AIMS AND PRACTICES 

There are two basic aims of the reformatories 
and industrial farms; to keep inmates in safe custody 
and to reform them. In recent years, the reformative 
aspect has tended to take precedence, and rightly so, 
for the long-range protection of society can best be 
achieved through reformation. It now is recognized that 
custody is not always necessary, that society can do itself 
the most good in selected cases by not exacting the penalty 
of loss of freedom but instead seeking to effect reforma- 
tion while the offender is at liberty. For those on 
whom custody is imposed, institutional programs are 
designed with the purpose of reformation wherever possible. 

In assessing the two basic aims, care must be 
taken not to stress one at the undue expense of the other. 
The Department of Reform Institutions has endeavoured to 
keep them in proper perspective, effecting satisfactory 
custody, while, at the same time, striving for reformation, 
rather than a system of close-security prisons. The De- 
partment's policy of open institutions, has been largely 
justified, and is to be commended. 

However, the results of reformative efforts have 
not been good enough, The great proportion of offenders 
in reformatories and industrial farms - about 80 percent, - 



-207- 



is made up of persons who have offended before, and are 
likely to offend again. The measure of the success or 
failure of a reformative system is, of course, the extent 
to which its "graduates" become good citizens and do not 
return to crime. The high rate of recidivism indicates 
that Ontario T s reform institutions are not doing sufficient 
reforming. Their failure can be attributed in considerable 
measure to an inheritance that has come down through the 
years and that cannot be offset in a year or two. It is 
possible that the program now being carried on in reform 
institutions will be shown, by the results that manifest 
themselves in future years, to be more successful than it 
now appears. There can be no doubt that many steps taken 
in the past few years have been commendable — such as the 
establishment of more industrial farms, the establishment 
of a top-flight reformative institution at Brampton and 
the extension of counselling and rehabilitation services -- 
but there are no indications that these measures are any 
more than a beginning toward solving the complex and multi- 
tudinous problems involved. 

Throughout its investigation the Committee has 
concentrated its efforts on an examination of the refor- 
mative and custodial systems as a whole and, of course, 
study directed toward the most likely solutions of a number 
of general and specific deficiencies. Representatives of 
the Department of Reform Institutions have attended a great 



-208- 

many meetings and their presence and testimony have been 
most welcome. The Committee noted with interest that the 
most recent annual report of the Department, which was 
tabled at the current session of the Legislature, contained 
a number of recommendations concerning aspects of the De- 
partment's operation that had been examined and discussed 
by the Committee in public meetings. In the main, these 
recommendations coincided with decisions which had been 
made by the Committee as recommendations for inclusion in 
this Report. 

The greatest general failing in the Department's 
policies and operations has been the lack of a clear dis- 
tinction between those who are capable and willing of 
reformation and those who have no wish to reform and to all 
intents and purposes are beyond reformation. The need 
for such a distinction is basic to the most efficient pro- 
gram of reformation as well as to the best possible type 
of custody. It permeates consideration of everything in 
the system. Without proper distinction between these two 
groups, the non-reformables are given much the same treat- 
ment as reformables. The result is that the non-reform- 
ables are not treated as severly as they deserve to be 
treated, and the reformables are placed in an atmosphere 
where reformation is difficult and unlikely. 

Throughtout this report recommendations are made 
to carry through a distinction between the two groups to 



-203a- 

the benefit of society aad of the individuals concerned. 
First, there should be a Reception Centre to establish, 
as far as is possible, which are the reformables and which 
are the non-reformables in the course of prescribing 
treatment for each individual. Then there should be 
proper segregation in institutions, special treatment for 
those requiring it and a carefully-designed program that 
will give the most suitable treatment to each individual 
in accord with the general aim of protecting society. 



-209- 

2. RECEPTION CENTRE 

Existing Facilities 

The only unit in the Provincial system 
designed and used solely for reception of incoming 
inmates is the Reception Wing of the Ontario Reformatory, 
Guelph, which receives all new arrivals up to the age 
of 25 who are serving sentences of six months or more 
and are considered fairly good prospects for reformation. 
These include two groups -- all first offenders up 
to that age, and repeaters under 21 whose records are 
mild . 

The Superintendent of the Institution decides 
which new arrivals are to go to the Reception Wing. 
In practice, he sends all except those whose previous 
records, in courts and in institutions, involve such 
violence, insolence or persistent lawbreaking that 
they would be likely to contaminate the others. 

The basic purpose of the Reception Wing, 
which was established in 1947, is to select inmates 
for transfer to the Ontario Reformatory, Brampton. 

The Reception Wing is operated under the 
direction of the Superintendent of the Guelph 
Institution. One guard, carefully chosen for his 
suitability to reception work, is in general charge 
of the Wing. Except for him, the Wing is operated 



-210- 

by members of the regular Reformatory staff. 

Although there is accommodation for 70, the 
number of inmates in peak periods seldom exceeds 50. 
The average population is 30. Excess space in the 
Wing never is used for ordinary Reformatory inmates. 
For their average stay of two to three weeks in the 
Wing, the new inmates are kept segregated as much as 
possible, although they sometimes are sent under 
special supervision to work in such industries as the 
cannery at times when there is a shortage of available 
labor. 

On arrival at the Reception Wing, inmates are 
given complete medical examinations. The Chief 
Psychologist interviews all inmates personally and 
supervises the conducting of a series of tests, and 
from this data he prepares a psychological report. The 
senior schoolteacher examines and tests them for 
preparation §f educational reports. Further reports 
are obtained from magistrates, police, school and 
church officials and other reliable sources. Pre- 
sentence court reports are obtained when available. 
The guard in charge of the Wing and an Assistant 
Superintendent of the Reformatory add their findings 
and recommendations. All this information is 
combined in a case history of each inmate. 



-211- 



A Classification Committee, composed of 
psychiatrist, chief psychologist and the Superintendents 
of the Reformatories at Guelph, Mimico and Brampton, 
meets at the Guelph Institution approximately every 
ten days to interview the Reception Wing inmates and 
study their case histories. In addition, those 
new arrivals who were deemed unsuitable for the 
Reception Wing are given an opportunity to appear 
before the Committee and their case histories, compiled 
for previous incarcerations, are reviewed. If an 
inmate is particularly sincere, co-operative, anxious 
to reform and able to absorb training, and is adjudged 
a good security risk, he is sent to the Ontario 
Reformatory, Brampton, for an advanced type of 
reformative program. If he does not measure up to 
these standards, he is absorbed into the regular 
population at the Guelph Institution. About 903 Inmate 
are received in the Reception Wing each year and slightly 
more than 200 are selected for transfer to Brampton. 

2. The value of Reception Facilities 

The principle behind such a classification 
procedure cannot be questioned. A careful study of 
each incoming inmate is essential to the effectiveness 
of segregation, security and any program aimed at 
reformation. Proper studies should (1) classify 



-212- 

such groups as sex perverts, alcoholics, drug addicts 
and the mentally unbalanced as a basis for segregation; 
(2) provide an insight into the attitudes, personality, 
motivation and aptitude of each man, thereby providing 
the basis for an assessment of individual security 
risks; and (3) by collecting and consolidating all 
available information, give a fairly exact indication 
of the type of program that will most encourage 
reformation of each individual. In brief, the Reception 
Centre should receive, study, diagnose and recommend 
treatment . 

It is impossible to over-emphasize the need 
for detailed and individual studies of each inmate. 
When such studies are not available, institutions must 
give much the same treatment to young and old, penitent 
and recalcitrant, minor offenders and hardened criminals. 
That this situation should have been allowed to persist 
in most of our institutions is regrettable, and to 
allow it to continue in future would be absurd. 
Classification forms the foundation for successful 
custody and successful reformation. As pointed out in 
Chapter 1, it is in the best interests of both the 
offender himself and society, as a whole, that most 
convicted persons be regarded as socially or morally 
ill, or perhaps retarded, and be traated accordingly. 



-213- 



If society is to be protected to the maximum extent, 
and if offenders are to receive treatment that will 
induce them to become good law-abiding citizens, there 
is no alternative to a thorough reception procedure. 
Throughout its investigation, the Committee 
was impressed with the basic value of early classifi- 
cation on a scale that could be effected only by a 
well-staffed Reception Centre. Expert opinion was found 
to be in full and unanimous accord. 

Dr. T. P. Dixon, director of the Mental Health 
Clinic, Sudbury, and consulting psychiatrist at 
Burwash Industrial Farm, said the inmates at Burwash 
could be divided into seven distinct categories. Yet 
under existing conditions, there could be only 
rudimentary differences, if any at all, in the treat- 
ment accorded these divergent groups -- the sexually 
retarded, those whose troubles stemmed from marital 
disharmony, those with neurotic personalities, and 
those whose troubles were rooted in physical handicaps. 
He urged strongly that there should be more exact 
recognition of individual differences, with treatment 
varied accordingly. 

Sanger B. Powers, Superintendent of the 
Wisconsin State Reformatory, made these comments in 
an address to the Congress of Correction in Toronto 



-214- 

last October: 

"Certainly the primary purpose of a modern 
correctional institution must be that of taking 
an anti-social group of people and, by utilizing 
all the facilities available, to help prepare them 
to assume the responsibilities of citizenship. 

"Institutional education, to be significant, 
must serve to implement the only type of program 
which offers a reasonable chance of success and 
which will afford society the maximum and most 
lasting protection -- a treatment program which is 
individualized and which emphasizes rehabilitation, 
vocational training and education. I refer here 
to education in a broad sense -- education for 
living. 

"Certainly any treatment plan must relate to 
the specific needs of each individual offender, 
to his personal and personality problems, to his 
aptitudes and skills, to the type of employment 
likely to be available to him on release." 

Dr. A. W. MacLeod, associate professor of 
psychiatry at McCill University, who based his findings 
on his study of a.aw _, psychiatry and sociology 
supplemented by active work in John Howard Societies 
and r,he British Institute for the Scientific Study and 



-215- 

Treatraent of Delinquents, was most emphatic in his 
support of full reception facilities. In testimony, 
before the Committee, Dr. MacLeod said} 

"I want to make it very clear now that as far 
as the psychiatrists are concerned, they do not 
say that all people who commit crime are abnormal, 
but they say that normal people can commit crime, 
and they can be intimidated by certain types of 
punishment, but, nevertheless, there is a large 
number who commit crimes of certain nature because 
of mental instability or of physical illness. You 
might find the same thing in a fever ward, where 
there is a large amount of cross-infection. If 
you put youngsters where there is not the proper 
segregation, you might institutionalize them into 
certain habits. 

"We feel that one of the most important reform 
steps which you could take is the setting up of a 
proper diagnostic investigatory panel which would 
shew to the younger adults, a wide variety of 
stimuli and would bring about their emotional 
maturation. " 

The 1952 report of the California Department 
of Corrections -- a department that has attracted world- 
wide recognition as a leader in penology -- made the 



-216- 

following statements: 

"If the program of an adult correctional 
system is to be of the greatest usefulness and 
value in the subsequent lives of the offenders, 
three procedures must be included therein. These 
are, first, the diagnosis of prisoners, or what 
has been called their classification , as a basis 
for institutional segregation and assignment. The 
second is guidance . That is, the inmate must 
be helped or guided to understand and accept his 
institutional program. Third, there must be 
professional employees and adequate facilities 
for training and treatment in prison to bring 
about those changes in personality necessary to 
improve the likelihood that the inmate will adjust 
satisfactorily to institutional life and conduct 
himself as a good citizen on his return to society." 

Mr. Joseph McCulley, former Deputy Commissioner 
of Penitentiaries for Canada, was one of several witnesses 
who commended the emphasis placed on initial classifica- 
tion in the California system. He told the Committee: 
"I had the pleasure of visiting an institution 
which, from my point of view, is one of the most 
interesting and most satisfactory and most 



-217- 

successful experiments in penology of which I 
know, and which is being operated at the 
California Institution for Men, at Chino, just 
outside Los Angeles. 

"There are 1100 men there, serving varying 
lengths of sentences, and for every conceivable 
crime. This is a minimum security institution 
of the most modern sort. There is only one door 
with armed guards on that entire 2600-acre property. 

"You may ask: 'What is the secret of that?' 
The whole secret -- and this is based on an 
intelligent approach — is in the proper classifica- 
tion of your prisoners." 

The institution at Chino also was singled out 
for praise by Maj. Gen. Ralph Gibson, Commissioner of 
Penitentiaries for Canada, in an address to the Congress 
of Correction. Maj. Gen. Gibson said it was the 
sort of institution that Canadians could well study 
carefully in relatinn to future programs in this country. 

Other bodies appointed to investigate 
problems of custody and reform have arrived at the 
same conclusions as has this Committee in regard to the 
need for a Reception Centre. 

In recommending an extensive unit for 
classification in its own province, the Saskatchewan 



-213- 

Penal Commission remarked in a 1946 report: 

"Obviously an intelligent decision as to 
which type of custody and "what program of retaining 
each prisoner needs can be reached only on the 
basis of a study made at a reception or 
classification centre where the prisoner is sent 
after committal." 

The Royal Commission appointed to investigate 
the penal system of Canada, under Mr. Justice Archambault, 
recommended in 1938 that there should be thorough 
classification of incoming prisoners. The Commisson's 
report stated: 

"Classification and segregation form a 
fundamental basis of all reformative treatment." 
In view of the vast and indisputable evidence, 
the Reception Wing at Guelph must be regarded as a 
step in the right direction but one that obviously does 
not go far enough. The staff has not sufficient 
variety of personnel, and the time inmates spend there 
is not ample for thoroughness. The Wing serves only 
Brampton and part of the population at Guelph; no 
benefits from it are derived by the institutions at 
Burwash, Monteith, Burtch, Rideau and Mimico. Nor 
is there a corresponding organization, even on a small 
scale, for the women at the Andrew Mercer Reformatory, 



-219- 

Toronto. The existing wing is not capable of the 
valuable research that such a unit should perform in 
regard to delinquent behaviour and institutional programs 
Classification at institutions other than Guelph is 
practically non existent although individual superinten- 
dents make conscientious efforts to effect segregation 
in a non-professional, somewhat haphazard way. 

To observe the operation of a more extensive 
reception and classification unit, the Committee visited 
the New York State Reception Centre at Elmira, New York. 
The Committee was most impressed with the program there. 
Inmates stayed for an average of ten weeks, of which six 
were occupied in detailed and intensive study l»y a 
highly-skilled staff. There were three psychologists, 
two psychiatrists, a medical doctor, three academic 
supervisors, three vocational supervisors, two physical 
education and recreation supervisors, a Protestant 
Chaplain and a Roman Catholic Chaplain, as well as 
highly trained custodial officers. The Classification 
Board, made up of representatives of this graup, met 
each week to discuss 25 to 30 men who had gone through 
the program and were ready for allocation. The members 
of the Board had a wide variety of specialized view- 
points, based on personal interviews and group work. 
Their routine administrative responsibility had been 



-220- 

reduced to a minimum so that they might devote most 
of their time to the important work of study, diagnosis 
and research.. Disposition of each case was decided 
by a majority vote of the Classification Board. 

An expanded Reception Centre in Ontario, some- 
what similar to that in New York State, would be of 
great benefit to efficient custodial care and reformation 
in the Province. Although such a Centre would be 
costly to operate, it could be expected that eventually 
this cost would be more than offset by savings in 
custodial costs. At any rate, the value of reformation 
of individuals cannot be reckoned in dollars. 

The operation of the Reception Wing at Guelph 
should be regarded as a pilot project to form the basis 
for expansion. 

The staff of an expanded Reception Centre 
should include more psychologists and psychiatrists to 
ensure that sufficient individual attention is given to 
each case. Inclusion of academic and vocational 
training experts on the staff is obviously desirable 
for the purpose of reformation. So is the inclusion 
of Chaplains, since religion can play such a large part 
in the new life of an offender against the law; and of 
recreation experts, since in this age of the 40-hour 
week the constructive use of leisure time is vital to 



-221- 

the leading of a law-abiding life. 

Along with the expansion of the reception 
organization, facilities should be provided to ensure 
that its benefits extend to all inmates sentenced to 
institutions in Ontario. In the initial Stages 
of expansion, the services of the Reception Centre 
should be restricted to young first offenders, including 
both male and female. Later, the restriction should 
be raised to include all first offenders and finally 
all repeaters who might benefit. Only by establishment 
of such an extensive Reception Centre, along with other 
means recommended in this report, can Ontario do a 
fully satisfactory job of reforming individuals and 
protecting society against the repetition of crime. 

The time inmates spend in the Reception 
Centre should be long enough to make thorough study 
possible. The minimum for this purpose is six weeks 
to two months, although it might be necessary to give 
short-term inmates an abbreviated study. 

One of the problems which must be met is 
the location of such a Centre. While there are 
advantages to housing it in the buildings of the 
Ontario Reformatory, Guelph -- provided there is 
complete segregation of Reception Centre inmates from 
regular reformatory inmates -- it must be borne in 



-222*- 

mind that expert personnel is more readily available 
at University centres. 

3. Recommendations 

Accordingly, the Committee recommends: 

1. That a full-scale Reception Centre be established 
to receive, study, diagnose and recommend treat- 
ment for all first offenders aged 16 to 25, male 
and female, sentenced to provincial institutions. 

2. That the length of stay be six weeks to two 
months, except for short-term prisoners; 

3. That facilities be extended in the future to 
receive all first offenders and all repeaters 
likely to benefit. 



-22.3- 

3. SEGREGATION 

The Department of Reform Institutions 
recognizes the value of segregation by the functions 
assigned to its various institutions. The Ontario 
Reformatory, Guelph, handles only inmates under 21 
and first offenders of all ages. The Ontario 
Reformatory, Brampton, handles only a selected group 
of young men, almost invariably first offenders, 
who are considered particularly good prospects for 
reformation. The Industrial Farms at Rideau, Burtch, 
and Monteith, and the Ontario Reformatory at Mimico, 
handle repeaters over 21 with relatively short 
sentences. The Ontario Reformatory, Burwash, houses 
repeaters over 21 with longer sentences. All female 
adult offenders are housed at the Andrew Mercer 
Reformatory. In jails, however, segregation is not 
even as exact as this. While the governors may 
attempt to segregate as much as possible, in over- 
crowded jails, it is impossible to keep entirely 
separate the various types of inmates including those 
who have not been convicted, impressionable first 
offenders, hardened criminals, alcoholics and drug 
addicts. 

One of the major defects of the existing 
system is the lack of sufficient segregation and 



-224- 

the subsequent contaimination of less experienced 
inmates by incorrigible repeaters. To place a young 
"accidental" criminal, who may be reformable, in 
proximity with a person who has offended many times 
can be disastrous. An obvious example is Guelph, 
where there are youths of 19 or 20 who already are 
hardened criminals and psychopaths. For several 
years, crime has been their main object in life and 
they have no intention of changing their ways. They 
are willing and anxious to impart to young first and 
second offenders, and, in fact, to first offenders of 
all ages, the knowledge of crime which they possess. 
Efforts at segregation in the main have not been 
effective and have not been sufficient to prevent the 
schooling in crime of many who might otherwise have 
reformed. 

Similarly, in the institutions for 
repeaters, degrees of reformability are not recognized 
by segregation; nor is such the case in the Andrew 
Mercer Reformatory. Without proper classification, 
it is not possible to carry out highly desirable 
segregation to the greatest possible extent. 

The long-range expense, both in human 
values and in dollars, is deplorably high as a result 
of insufficient segregation. Hopes of reformation 



-225- 

are placed in jeopardy. Only at Brampton, where 
the best of the reformables are housed in an institution 
by themselves, is segregation not a factor in hindering 
efforts at reformation. The Brampton inmates are not 
the only ones who can be reformed if the proper treat- 
ment is applied, and much finer segregation is needed 
in the interest of reformation throughout the system. 

Segregation as it now exists in institutions 
other than Brampton, is based on records, ages and 
lengths of sentences. These are good guides for a 
rule -of -thumb type of segregation but they do not make 
for exactness. While easing custodial problems, they 
are not adequate to form a framework for reformative 
efforts. The type of segregation that is needed 
must be based on a thorough study of individual 
inmates — the type of study that could be made by 
the Reception Centre, recommended in Chapter VI, as 
well as the superficial factors of records, ages and 
sentences. Then the segregation must be carried out 
in a definite and complete manner, without inter- 
mingling of different groups. Sex deviates, mental 
cases and psychopaths should be set entirely apart 
from the general inmate population; provision should 
be made for segregation and treatment of alcoholics 
and drug addicts; and the inmates who are willing to 



-226- 

reform and are likely to respond to reformative 

treatment should be kept separate from those who 

are not willing to reform and are not likely to respond. 

The purpose of segregation is to ease 
problems of both custody and reformation by two means: 
by placing those who need special treatment in an 
atmosphere where such treatment is most likely to 
be effective, and by guarding against contamination 
of some inmates by others. 

Recommendations 

In accordance with the findings outlined 
above, the Committee recommends: 

1. That segregation be based on thorough study 
and classification carried out in a Reception 
Centre . 

2. That particular care be taken in the segregation 
for proper treatment of sex deviates, the 
mentally defective and mentally retarded, 
alcoholics, and drug addicts; that psychopaths 
be segregated from the general inmate popu- 
lation; and that reformable inmates be kept 
separate from those not likely to reform. 

3. That segregation within institutions be complete, 
with no intermingling of different groups. 



-227- 



k . DORMITORIES 

It has been noted in Chapter III that the 
Committee recommends replacement of all temporary 
buildings that contain dormitories, with permanent 
structures providing individual cell accommodation. 

The testimony of both custodial officers 
and inmates impressed on the Committee the inadequacies 
of dormitories. Their widespread use in reformatories 
and industrial farms cannot be justified. With very 
few exceptions , this type of accommodation is not 
consistent with the most effective operation of a 
reformative system and it adds to problems of custody 
and security. 

The indictment against dormitories is par- 
ticularly strong because of the lack of sufficient 
segregation in most custodial institutions. When sex 
deviates and psychopaths are housed in the same room 
with offenders who are not confirmed in criminal ways, 
contamination is inevitable to the detriment of possible 
reformation. The claim that reformatories and 
industrial farms are finishing schools for criminals 
is often exaggerated, but it contains a considerable 
element of truth. Under existing conditions, 
aggravated by the use of dormitories, superintendents 
strive to reduce the amount of contamination as much 



-22£- 

as possible but they are powerless to cut it to a 
minimum. 

Certain criminals and psychopaths in many 
cases become the dominant figures in dormitories. 
Through spending a good deal of time in close 
association with other inmates, they are able to 
exert influence that stirs discontent, endangers morale 
and in many cases destroys efforts at reformation of 
any of the other inmates in the dormitory. The close 
association also increases the likelihood that inmates' 
complaints will be compared and concerted actions 
planned. 

In individual cells, such dangers are of 
lesser consequence. In addition, it is possible for 
inmates to have the solitude and privacy that enables 
them to read and write letters, and can encourage them 
to think through their problems and to strengthen 
their determination to mend their ways, without the 
interference of undesirable influences. 

Recommendation 

In accordance with the findings outlined 

above, the Committee recommends: 

That the Department of Reform Institutions 
establish a policy of providing accommodation 



-229- 

in individual cells rather than dormitories in 
all adult institutions, such policy to be 
implemented over a period of years. 



-230- 

5. IDLENESS 

One of the greatest problems besetting 
custodial institutions is the idleness of inmates 
and the lack of segregation. The problem is grave 
alone, and when combined with a lack of proper 
segregation, the result is a compounding of evils 
that hinders efficiency of custody and tends to 
block reformation. 

There is widespread waste of productive 
manpower in Ontario's custodial institutions. More 
than 1,122,000 man-days are spent in custody in 
these institutions annually and the majority of the 
potential working hours are not utilized. The 
economic loss is obvious, but the more important loss 
is the thousands of hours spent in day-dreaming, 
scheming, malingering and worse. That loss is incal- 
culable in human values, in lost production and in its 
contribution toward recidivism. 

The encforced idleness of a substantial per- 
centage of able-bodied adult men and women in our 
institutions militates against the constructive aims 
of institutional programs. It is one of the direct 
causes of the tensions which can burst forth in riot 
and disorder. 



-231- 

In years past, in some countries, there 
have been abuses of inmates' labor such as its use 
in sweatshop industrial activities. In eliminating 
these evils, the tendency has been to come close to 
eliminating all kinds of labor — good as well as bad. 
Yet it is clearly against the public interest to main- 
tain inmates in idleness while they deteriorate 
physically, mentally, and morally. Such inmates con- 
stitute a heavy and unnecessary burden on the taxpayer. 
Productive labor can substantially reduce the costs of 
prison operation. 

Even more important than the immediate costs 
of inmates' idleness are the costs of future crimes 
committed after discharge, following months or years 
of deterioration, with neither the ability nor the 
will to earn an honest living. This deterioration, 
moreover, is not always a slow and quiet process. 
After a thorough study, the American Prison Society 
reported on this subject last year that "students of 
mental health have always recognized the importance 
of interesting and satisfying work as a basic factor 
in maintaining emotional stability. When agitators 
strike the spark that starts a riot, idle prisoners 
flar into revolt as dry and crumbling tinder bursts 
into flame." 



-232- 

Idleness is reduced in varying degrees in 
reformatories and industrial farms through productive 
operations as outlined below. In jails, however, 
idleness is deplorably widespread. In only one 
county jail did the Select Committee see or hear of 
a practical approach to the problem. At Front enac 
County Jail, Kingston, inmates produced concrete tile 
for municipal use. Officials of other jails seemed 
alive to the necessity for greater employment of 
inmates but they had not reached practical solutions. 
The greatest difficulty would seem to be that inmates 
of jails are there for very short terms. In addition, 
there are many who have not been convicted but merely 
are being held pending a remanded hearing, and Statutes 
forbid custodial officers to require such inmates to 
work. Thus, work requiring any degree of training is 
almost automatically ruled out. Despite practical 
difficulties of solution, the fact remains that idle- 
ness hampers the morale of both the inmate population 
and the staff, and it obstructs rehabilitation. There 
seems to be an attitude that jails were a losing pror 
position when the contrary could be made possible in 
some cases. 

The solutions to problems inherent in inmate 
idleness lie in work programs. It is of interest to 



-233- 

note that in Britain a "short, sharp" 30-day sentence 
has been found to be effective in some cases in that 
it keeps inmates busy from the time they awaken until 
they sink thankfully into bed at night. There is no 
brutality, no real hardship -- just a thorough employ- 
ment of the inmates' every waking minutes. They work 
hard, have extremely little time to themselves and tend 
to end their sentences with a hearty resolve not to 
return. 

Such sentences are what used to be called 
"hard labor". In Ontario institutions today, although 
the courts sometimes prescribe "hard labor" as part of 
the sentence, such a thing does not exist. 



-234- 



R e commendations 

Detailed recommendations toward the 
solution of inmates' idleness are contained in the 
section below. As a general approach to the problem, 
however, the Committee recommends: 

1. That the policy be established in all 
custodial institutions, including jails, of pro- 
viding work for all able-bodied inmates. 

2. That in view of the nature and purposes 
of custody in contract to living at liberty, the 
normal work week for inmates be set at 4$ hours, 
except when the reformative program unquestionably 
requires that it be shorter. 

3. That provision be made for the re- 
institution of "hard labor" for inmates who have 
been sentenced to same. 



-235- 

6. PRODUCTIVE OPERATIONS 

General 

Productive operations provide the obvious 
solution to the problem of idleness, and the Committee 
advocates strongly that this solution be pursued in 
all custodial institutions in the province. In 
addition to the benefits to the custodial and 
reformative programs derived from industrial and farm 
programs, there is an additional benefit to the tax- 
payers. It would be just and logical to reuiqre 
those who have offended against the law to perform 
enough work to pay for their own room and board, or 
come as close to paying for it as possible. 

The Committee has no wish to re-institute 
the chain -gang type of labour that once was common 
in some countries. Nor would it wish to set up 
inmate labour in unfair competition to free labour. 
But the labour organizations as well as the general 
public have been most co-operative in recent years 
in regard to carefully selected inmate industries, 
and their further co-operation should be sought in 
expanding the industrial and farm operations at 
Ontario custodial institutions to the practical limit 
without competing with free workmen. 



-236- 



A variety of industrial operations already 
is in operation. This variety should be further 
extended so that all able-bodied inmates will have 
a job to do. To this end, a study should be made 
of the wide and complex field of the industries that 
might be considered suitable for inmates, such studies 
to be completed as soon as possible. Extention of 
industries should be carried out in accordance with 
its findings. The ideal type of extension would be 
to set up a number of small industries in each 
institution . 

For those unable to do the heavy labour, 
light labour should be available. Malingering must 
not be tolerated. 

Inmate labour might well be used, without 
objection from organized labour, for reforestation 
projects in green belt areas, and on similarly -needed 
public projects. 

As was noted in Chapter III, construction and 
repair jobs on the properties themselves provide an 
opportunity for employment. There are many such jobs 
that could well be done by institutional inmates, which 
are now done by outside workmen. Our institutions 
generally are large enough that enough semi -ski lied, 
even skilled tradesmen are to be found within the 



-237- 



population, as well as a great deal of unskilled 
labour available from the general pool. More effort 
could be made to utilize all this labour fully, pro- 
viding there is no competition with free labour. 
The Committee has recommended that many 
temporary buildings at custodial institution be 
demolished and gradually replaced with new and 
permanent buildings. Here is an opportunity for 
Immediate employment of some inmates at several 
institutions, while the survey for long-range extension 
of productive activities is under way. 

Included in the survey would be consideration 
of the vast market within the government itself. Where 
an often-purchased article is found that could easily 
be produced within our institutions, then every effort 
should be made to produce such an article in one or 
more of our institutions. Desks for government 
offices are one such item that comes to mind -- there 
are many others and a close survey would reveal them. 

Indus tries 

(a) Industrial Farm, Burtch 
Considerable idleness was witnessed at this 
industrial farm and there appeared to be a nearly total 
lack of an industrial program. Farm production is 
insufficient to employ a large number of inmates for 



-238- 

reasons explained in Chapter III. The Department 
h.r r fccn to bri.n.^ into operation a tailor chop 
which would employ 25 men. A concrete tile -making 
plant, also underway, would erploy another 25 inmates. 
However, it must be poinoed oa'c that even this program, 
when completed, would provide specific productive 
duties for only 50 of the average l8l daily inmates. 
More industry is urgently required s preferably includ- 
ing a number of light industries in which those not 
physically strong could participate, 

The total cost of the Burtch operation in 
one year was more than $231,000 but in the same year, 
it could produce only $9,0C0 worth of farm products. 

(b) Burwash Industrial Farm 
The chief industries carried out at Burwash 
are farming and lumbering, with some furniture 
manufacturing, garment -making, and similar minor 
industries. The relating vocational training to the 
metalworking shops is commendable and production here 
might well be stepped up. 

Operation of the quarry is inefficient. It 
employes about 30 m^n, and could be increased through 
better organization. A good stone crusher is essential 
for this work. The stone produced could be used on 
nearby highway construction. 



-239- 



Total value of industrial and farm pro- 
duction was only $290,000 as against costs of $1,400,000. 

The new sawmill and leases held by the 
Department from the Lands and Forests Department are 
geared to an annual production of 500,000 board feet 
yearly. This should be doubled with the sawmill 
capacity increased as necessary, extension of leases 
sought, and logging operations carried on throughout 
the winter as well as summer. 

Sawmill practices should be made much more 
efficient. Excessive waste in hardwood cutting should 
be eliminated, proper conveyor belts installed at 
essential points and better handling of lumber between 
the trimming and sorting operations. 

Tree planting should be greatly stepped up, 
possibly as high as 50,000 new trees annually, and 
reforestation generally undertaken on a larger scale . 
Hemlock stands should be cut and better utilization 
of all timber initiated. 

Only sorre 160 men out of a total average 
daily population of 680 are employed in lumbering. 
This number of usefully employed men could be greatly 
increased by the expansion of the industry already 
recommended . 



-240- 



(c) Ontario Reformatory, Guelph 

Guelph Reformatory is by far the best of 
Ontario's institutions in- the matter of industries. 
The time of the inmates would seem to be well organized 
productively with many commendable operations being 
carried on. That the provision of industries does 
have merit is provided in figures that show this 
institution produces nearly $1,700,000 worthy of goods 
or nearly 68 percent, of the total cost of its operation. 

Following is a summary of the industrial 
activities : 

License Plates: - All Ontario's license 
plates are manufactured by inmates at Guelph. This 
year, a total of about 1,750,000 pairs will be produced 
The industry employs approximately 50 men practically 
all the year round. 

Abattoir: - About 35 head of cattle and 
50 hogs are slaughtered each week. They are pro- 
cessed and shipped to other reform institution and mental 
hospitals. About 25 men are emp,oyed full time. 

Cannery: - Fruits and vegetables, jams and 
jellies, are canned for use in the reform institutions. 
Annual production is about two and one-half million 
pounds. An average of about 35 men are employed the 
year round. 



-241- 



Machine Shop: - All the bed frames and bed 
springs used in the jails, reformatories, industrial 
farms and mental hospital thoughout the Province are 
manufactured here. Approximately 20 men are employed 

Woodworking Shop: - A large amount of 
office furniture, sash and doors, window frames, and 
other woodworking are produced by 25 men. These 
products receive finishing and upholstering as required 
in the upholstering and paint shops. 

Tailor Shop: - Inmates' clothing, shirts, 
sheets, find towles, blankets, mattresses, and officers' 
uniforms are produced by an average inmate staff of 90. 

Woollen Mill: - The mill annually produces 
10,428 vlankets and 24,097 pairs of sock, im imported 
as well as domestic wool. 

Laundry:- About 670,000 articles are pro- 
cessed annually, of which 107,000 are for the Ontario 
Reformatory, Brampton. 

Bakery: - More than 312,000 loaves of bread 
are produced for institutions at Guelph, Brampton, 
Gait and Burtch. 

Construction Projects: - In the past year, 
projects such as the new gymnasium building, an 
additional cell block and a new tuberculosis hospital 
building provide employment for a number of inmates. 



-242- 

The amount of work varies and is heaviest in the 
summer . 

Despite the extent and variety of the 
industries listed above, it would appear that less 
than 400 of the 834 inmates are regularly engaged in 
productive operations. 

In assigning inmates to work, however, there 
might be better segregation and a more careful scrutiny 
of the productive tasks to see that while an inmate 
helps to earn his keep, he also learns something which 
will prove useful to him in seeking an "outside" 
trade later on. 

While Guelph is credited with the highest 
per-ihmate costs in the system, this is not actually 
the case. Productive credits of the institution 
reduce this per inmate cost from the indicated $3,100 
annually to a figure only 33 percent, of this amount. 

(d) Ontario Reformatory, Mimico 
The present costs of running the Mimico 
institution is some $640,000 annually. Set against 
this are revenues of $201,000 industrial and $48,000 
from the farm properties. 

The Committee considers the brick industry 
at Mimico one of the most valuable assets the Department 
has. It should, however, be utilized to better 



-243- 

advantage with production stepped up to capacity 
immediately. When the clay deposits are exhausted — 
probably not for another 25 to kO years -- then the 
property should be sold and the institution replaced 
further away from such heavily populated areas. 

Annual output of the brick and tile industry 
at Mimico is about 2,200,000 pieces. This production 
is used entirely by the Department of Public Works. 

A small slipper plant produces about 3,000 
pairs of inmates' slippers annually. 

While the farm industry is creditable, the 
property in excess of what is required for the brick 
industry and the institutional building and grounds 
proper should be sold. More detailed consideration 
has been accorded this subject in Chapter III. 

(e) Andrew Mercer Reformatory, Toronto 
The women's reformatory is second only to 
Guelph in proportionate amount of goods produced. 
The total value of productinn last year was $202,000, 
offsetting about 48 percent, of the costs of running 
the institution. The Committee commends this example 
of the industry of the inmates but has made note in 
Chapter III that the institution should be re- 
established m a location much further away from a 
densely-populated area. The new institution should 



-244- 



be similarly equipped for industry, preferably on an 
even greater scale than is possible in the present 
limited quarters . 

The clothing factory produced during 1952-53, 
some 165,150 items such as kimonas, women's under- 
clothing, bedding, towels, and quilts, for use in 
various types of Provincial institutions. 

The Laundry processed 226,439 items for the 
Mercer Reformatory itself and another 338,316 pieces 
for the training schools and other institutions. 

(f) Rideau Industrial Farm, Burritt's Rapids 
Production here last year was only $10,000 
in industrial goods and $19,000 in farm goods, in 
contrast with total operating costs of nearly $200,000. 
Much prison labour could and should be used on 
reforestation projects in this area and current idleness 
thereby would be greatly reduced. Further farm land 
should be acquired for productive purposes and some form 
of industry should be established. 

The tailor shop employs only 25 of the 140 
i mates. Last year, it produced some 18,412 items 
of men's clothing, bedding, and night clothes for the 
institution and Ontario hospitals. 

The program of clearing bush and reforestating 
should be accelerated. 



-245- 



(g) Industrial Farm, Monteith 
There is no organized industrial activity 
whatever at this institution. Present farming 
operations return some $18,700 as against total costs 
of $266,000. 

There should be immediate initiation of a 
small industries program and the lumbering operations 
should be greatly extended and placed on a more 
realistic and productive basis. Inmae labour at the 
Monteith farm should be employed on local reforestation 
projects. Generally, the recommendations made above 
with respect to forestry at Burwash should apply with 
equal validity at Monteith. 

(h) Ontario Training School for Boys, 
Bowmanville 

There is no organized industrial production 

at this school except for summer farming, which 

returns about $23,000 annually to the Province. Total 

costs of operating the institution is $326,000 annually 

Much of the boys ' time is taken up by 

academic studies and hobbycrafts. The Committee has 

no wish to have any lessening of these activities, but 

care should be taken that none of the boys have too 

much spare time on their hand's. 



-246- 



(i) Ontario Training School for Girls, 
Gait 

The Committee was not made aware of any 

organized productive enterprises at Gait and strongly 

recommends that such be established at once. While 

the rule that inmates should produce as much as possible 

to offset the costs of their incarceration applies mainly 

to adult institutions, a sensible amount of production 

in keeping with the aims of the general program should 

be undertaken at juvenile institutions whenever possible. 

For the last fiscal year, clothing for this 

institution alone cost the Province $27,000, an average 

of $205.82 per inmate -- and that at wholesale prices. 

In some of the other schools such as the Home of the 

Good Shepherd, Toronto, and the St. Mary's, Downs view, 

the girls are required to make much of their own clothing, 

Gait girls are provided with a $4.00 bathing suit. 

Other girls make their own and quite apart from the 

economic savings, the girls thereby learn something 

of value in practical skills. 

Even the institutional laundry at Gait is 

sent out. Certainly here is one way in which the 

girls could simultaneously learn a skill and effect a 

saving. Tailoring and dressmaking shops also should 

be set up. Departmental records show the cost of 

operating Gait at $253,000 for one year. Credited to 



-247- 

the school's account by way of production, according 
to Departmental figures, is a total of $22.14. 

Farming Operations 

(a) General 

Farming operations comprise a considerable 
portion of those activities that combine production 
with useful occupation of inmates. Their value is 
considerable from the financial aspects alone. When 
the finances are taken in conjunction with the other 
values accruing -- healthful exercise for all inmates, 
training for the young offenders particularly, and 
teaching the honesty of labour -- then it is obvious 
that the farming operations are well-nigh indispensable 
to the operation of our institutions. 

There are seven major farms* Guelph, Burwash, 
Mimico, Burtch, Rideau, Monteith and Bowmanville. They 
are located in parts of the province where soils, 
temperature, precipitation and natural growth vary 
widely. They are, for residents of the areas, the 
most obvious showpiece of the Provincial Government. 
Unfortunately, they are far from the model farms 
they should be, possibly because of soils or in- 
sufficient liaison between the Departments of Reform 
Institutions and Agriculture. 

Each reformatory or industrial farm could 



-248- 



and should be a model farm. Each could be used as 
an experimental station. Each could contribute in 
some way to the basic improvement of farming methods 
in the district in which it is located. All this 
would profit both the Department of Reform Institutions 
arid the inmates themselves. 

Figures given by the Farms Administrator 
indicate the value of one year's production at 
Departmental prices was $294,053.99. This same pro- 
duction would be worth an estimated $391,804.60 if 
bought or sold in the open market — - a difference of 
some $97,740.61. More detailed figures on industrial 
and farm production are set out in Appendix D. 
Reference has already been made in this Report to the 
need of more accurate valuation and accounting of all 
production within the Departmental system. 

Farm products should be sold at market prices, 
whether they are sold to other Provincial Departments 
or not. In no other way, can it be ascertained 
whether the farms are on a sound financial basis. 

(b) Soils 
The farms at some of the institutions do 
not appear to be adaptable for good productive agricul- 
ture. They should be surveyed, as recommended in 
Chapter III, with the end in view of acquiring more 



-249- 



land in the immediate vicinity if desirable. 

In the future, w£en building institutions 
of a reformatory or industrial farm type, greater care 
should be exercised to make sure that not only is 
sufficient farm land obtained, but that it is of a 
quality which will allow for the efficient production 
of farm products. 

(c) Farm Administration 

The Farms Administrator is based at Guelph 
and is in general control of farm operations as 
described in Chapter 11(B). 

The chain of command should be clearly and 
definitely established in relation to the Farms 
Administrator, the Farm Supervisors and the institutional 
Superintendents. The Farms Administrator's duties 
should be clearly defined. 

In-service training of guards should be 
provided to ensure that guards in charge of inmate 
labour on farm operations have sufficient working 
knowledge to direct competently, the operations of 
the inmate labour. 

The co-operation of the agricultural colleges 
should be sought or intensified with liaison through 
the Farms Administrator. An institution should be 
equipped to manufacture drain tile wherever suitable 



-250- 



ciay or shale is found. The tile would be supplied 
to such institutional farms as require same for 
drainage purposes so that greater crop production 
would result. 

Pig raising at Burwash is not in accordance 
with recognized modern methods. A modern piggery should 
be established at a central point. It would employ 
the most up-to-date methods available, and its pigs 
transferred to other industrial farms for growing in 
weight and final dispostion. Such a piggery could 
serve as a proving ground for improving the quality 
of hogs generally. it would also afford valuable 
information to the Department of Agriculture and the 
public generally. 

(d) Dairying 

As with most other farming operations , 
dairying generally was found to be carried out in a 
fairly efficient manner. 

But the Committee does not approve of the 
practice whereby institutions sell whole milk to local 
dairies who then pasteurize the milk, and resell it 
to the institutions at their own price. The 
institutions should pasteurize all their own milk, 
thus effecting a financial saving and also providing 
more employment for inmates. 



-251- 



RocommGndations 

On the basis of the findings outlined above, 
the Committee recommends: 

1. That an immediate survey be made to determine 
the best means of expanding and extending 
productive operations in all custodial 
institutions . 

2. That the findings of the survey be taken into 
account in setting up sufficient productive 
operations in custodial institutions to provide 
employment for all able-bodied inmates as soon 
as possible. 

3. That the first step toward a greater amount 
and variety of industrial and farm operations 
be taken immediately by carrying out the 
specific suggestions contained in this Report 
in regard to such operations at the various 
institutions . 



-252- 

7. SPIRITUAL GUIDANCE 

Spiritual therapy is one of the most 
essential factors in the treatment, care and general 
rehabilitation of offenders. Religion, touching as 
it does the deepest springs of human conduct, can 
impart even to the weakest the highest of ideals and 
the sternest of disciplines. Spiritual guidance in 
all its phases must be awarded prime consideration in 
the reform of any individual. 

Most important of all to an individual 
is what he thinks, for his thoughts determine to a 
very large degree every single conscious action he 
takes. When those thought turn on life, and in doing 
so become unbalanced, warped and lacking in breadth, 
they reach a critical point, the surpassing of which 
generally means another crime against the community 
and another offender against the law. 

Imparting spiritual values and attitudes 
is a most delicate task. It requires, for the 
inmate, not merely formal religious services, but 
personal counselling to a finely-developed degree. 
Important as are the holding of formal services, they 
are of little avail in accomplishing any measure of 
reformation if unaccompanied by sympathetic, firm and 
understanding personal guidance. 



•253- 



Nothing can take the place of personal 
work among reformable inmates. A painstaking and 
intelligent approach is required with a wholehearted 
devotion to the problem at hand. The ministrations 
of a well-intentioned but ill-fitted person in this 
work are worse than useless. Inevitably, they tend 
rather to turn the inmate against the guidance, 
strength and comfort available and to reject all such 
future attempts to impart them to him. 

Spiritual guidance in prisons is not a 
task which local parish ministers or priests should 
be asked to do. It reflects much credit on those 
serving as part-time chaplains for institutions that 
they have devoted so much of their time and effort to 
the work. Taking many valuable hours away from their 
own charges, they have regularly and faithfully visit- 
ed institutions, Sunday after Sunday, year after year. 
They have provided inmates with regular contact with 
that formal part of religion that can be of so very 
much benefit. But few have been able to make more 
than the occasional week-day visit when a spare moment 
presented itself. 

Part-time chaplains should not be asked 
to do more. Their special training has been for the 
community. In all fairness they should not be asked 



-254- 



to assume such a heavy burden. 

Other countries have recognized the need, 
particularly the United Kingdom and some states of the 
United States of America. In these jurisdictions full- 
time chaplains are considered as essential to the 
institutions as the turnkeys. And so it should be 
here. Ontario, unfortunately, has no full-time 
chaplains at present. It is commendable that the 
Department now is training a promising member of the 
clergy with the intention that he will spearhead the 
establishment of a full-time chaplaincy service for our 
institutions. This step is long overdue. 

The chaplain must be specially trained, 
for his is a highly specialized field. 

The chaplain must reflect certain factors 
in life: truth, love, honest, industry, forgiveness. 
These virtues, once instilled in the mind of the inmate, 
give great promise of reformation. 

The institution usually is interested 
chiefly in the custody of the prisoner and the protec- 
tion of society. The chaplain must be the principal 
agent of the spiritual therapy that is of tremendous 
importance in any reformation. Religion is even a more 
fundamental element in life than mental discipline, and 
only a trained chaplain can properly instill this element 
in the offender. 



-255- 



Only qualified and trained chaplains 
should be appointed but these should be found and 
nominated by the churches through the Canadian 
Council of Churches and by the head of the Roman 
Catholic Church. In the Council of Churches is the 
machinery for agreement to overcome denominational 
jealousies and to provide for even distribution among 
the denominations. 

The Council, too, has the national field 
from which to draw the best men of the Protestant 
faiths. Local selection would not always be the best. 

The pay should be adequate. If inadequate 
pay is offered, men who are not sufficiently qualified 
will be appointed and become square pegs in round holes. 
This is no place for the old and infirm, but for strong, 
alert, conscientious young men. 

One of the most common characteristics of 
many offenders is that they are at war with society, 
physically when at liberty, and mentally while incar- 
ceratedo While tc these the jail or reformatory re- 
presents the victory of society over them, they regard 
this as but a passing thing. They look forward to the 
time when once again they will be free to renew the 
battle that rages in their minds. 

Substance is given this in cold statistics. 
Some 65 percent, of all those in reformatories and 



-256- 

industrial farms have been convicted at least three 
times, and often 10, 20 or more times. Obviously 
their minds are so warped there is little physically 
that can be done for them. Many of the crimes they 
commit are planned, and many of their criminal 
associations formed while they are in custody. 

Most of this can be alleviated through 
proper understanding of the motives, thoughts and 
spiritual vacuums motivating such offenders. But 
only a well-trained professional chaplain with a pro- 
per understanding of all the difficulties involved 
can attempt to do a really satisfactory job. 

In England and in the United States of 
America, the chaplain is always on the panel that 
decides on the segregation, on the quality and length 
of sentence, , and even on advising the court by way of 
pre-sentence reporting. Frequently the chaplain can 
learn the family life and background of a prisoner 
better than anyone else. He can keep in touch with 
a man's family and bolster morale considerably. 

And despite apparent callousness, most 
prisoners appreciate religious services, which only 
a qualified chaplain can render. 

In the English institutions, the chaplain 
is regarded as indispensable. So it should be here. 



-257- 



The focal point of the chaplain's work 
is the chapel. But, except for Burwash, there are 
no chapels in any of our institutions. As a result, 
religious services are held in Assembly Halls, which 
were built for entertainment, not places of worship. 

In the chapel, religion and faith are 
preached, taught and if at all, caught. Here the 
seed is sown and some takes root even in the hardest 
ground . 

In the chapel, a man's thoughts may be 
transferred from himself to something greater and such 
transference often provides a challenge to the think- 
ing and subsequently to the action of the individual. 

Therapy can be started by or through 
some thought, some word, or some impression derived 
from a talk, a hymn or a prayer. 

Thus the chapel should be a chapel, not 
only in name but in fact, a place set apart and pro- 
perly funished and dedicated for worship of God and 
meditation. Once physically established, the chapel 
can be brought into the full vitality of a vigorous 
spiritual life by a man of God, who fully appreciates 
the demands of his calling. 

Every prisoner has in him a potential of 
something better, something finer. His chaplain seeks 



-258- 

always to build that potential into reality. 

"You thought he needed the prison, 

but what he really needed was purity. 

You thought his defects were physical, 

but they were spiritual . 

You thought there was need for training, 

but it was transformation. 

You thought he lacked comfort, 

but it was character." 
There can be no full and lasting rehabili< 
tation without religion. The sooner we realize it, 
the better for all. 



Recommendation 

On the basis of the findings outlined 
above, the Committee recommends: 

That greater emphasis be placed on 
spiritual guidance in custodial institutions, and that, 
to this end, a full-time chaplaincy service be 
established as soon as possible. 



-259- 



8. MEDICAL CARE 

Inmates in Ontario's custodial institutions 
are generally wellcared for medically. No obvious 
sufferers go untreated. In the larger reformatories 
and industrial farms this examination is usually 
thorough. In the smaller of these institutions and 
in jails, however, it has not always been as satis- 
factory as it should be, largely because doctors there 
are on a part-time basis. It has been recommended in 
Chapter II (B) that doctors be employed full-time 
wherever possible. 

Medical examinations at the least evidence 
of illness or accident should be given immediately 
after arrest, even if the smaller lock-ups have to 
engage the services of doctors on a part-time basis. 
The Committee has learned of cases where persons 
arrested and charged with drunkenness have been suffer- 
ing from epileptic fits, heart conditions, insulin re- 
actions or other serious physical organic defects in 
no way relating to intoxication. It is most important 
that the present practice of leaving such persons until 
the next day for medical examination be corrected at 
once. Such situations should be detected as soon as 
possible, preferably by the arresting officer or by 



-260- 



jail or lock-up officials and the local doctor 
called in to examine the newly-arrested cases herein 
referred to. 

There is a practice all too common in the 
jails and some other institutions of housing persons 
alleged to be mentally ill, if even for a short period. 
While such persons may not be certifiable, many at 
least are not the possessors of a normal mentality. 
Jails are not the proper place for housing the mentally 
ill or the suspected mentally ill. This matter is 
examined fully in Chapter V. 

The custom of having a portion of a custodial 
institution set aside for an infirmary is well establish- 
ed. Supervision of such accommodation is fair and the 
facilities adequate to the need, ample provision being 
made for the use of a nearby general hospital. 

No gross defects were found in medical or 
dental care, nor in the utilization of proper procedures 
as to sanitation and dietetics. Some may find fault 
with a certain monotony or repetition in the diet. But 
a person in custody should not expect better food than 
would be obtained by the average law-abiding citizen. 

In some county and city jails the sanitary 
facilities are antiquated. Where night pails are used, 
sterilizers should be installed and ventilation improved. 



-261- 



Diet is satisfactory in spite of the fact 
that a trained guard-cook is not always available. 
The medical records examined usually reflected an 
active interest in the problems at hand. Appoint- 
ments cf jail dort-ors are made by County Councils. 

Smaller institutions, such as Rideau, Monteith 
and others, are of such a size as to not warrant a full- 
time medical officer. Under such circumstances, a 
physician from a neighbouring centre is retained, visit- 
ing the institution at least once a week, and is on call 
when any unusual condition arises. 

Generally the keeping of medical records at 
such smaller institutions is satisfactory and members 
of the staffs should be commended on their display of 
sound judgment and good work. 

On the whole, there was no evidence whatever 
that anyone has suffered from lack of medical attention. 

Larger institutions have a sufficiently large 
population to justify a more elaborate medical staff 
even up to full-time for more than one physician, 
psychiatrist and psychologist. Here again the records 
are, in the main, in an acceptable state and showed 
evidence of the acceptance of responsibility. It is 
in the larger institutions that a greater degree of 
team work might be expected than is practical in small 



, . 



-262- 

establishments. There was an impression, however, 
that co-operation is not always of the highost ordur. 
Here is an opportunity for an intensification of the 
conference idea of working on the problems at hand. 
The population exists, and in some cases, the medical 
staff numerically is adequate, but the Committee is 
convinced the Department should make more use of the 
staff conference method. 

The food in custodial institutions was 
found to be adequate as to quantity and quality. 
The sanitary practice was all that could be expected. 

The disparities in medical costs shown by 
individual institutional reports would suggest inmates 
of some institutions get much better care than do 
others. However such did not appear to be the case. 
The Committee observed that nearly all inmates in all 
major institutions were adequately cared for, regard- 
less of the medical costs. Consequently some examina- 
tion of these costs by the Department would be in order 

The principle of a visiting psychiatrist and 
psychologist at the smaller industrial farms is well 
established. 

In summary: In the large institutions there 
should be an intensification of the conference method 
of assessing cases. Increased authority would be 



-263- 

justified for such a panel. The importance that 
the Department obtain a well trained, well adapted 
medical staff composed of practitioners who intend to 
make a life's work of institutional duties, should be 
stressed and restressed, until brought into effect at 
every major institution. (It has been recommended 
in Chapter II (B) that full-time practitioners be hired 
whenever possible.) 



Recommendations 

Cn the basis of the findings outlined above, 
the Committee recommends: 

1. That medical examinations be given 
immediately after arrest to all persons who exhibit 
the slightest evidence of illness or injury. 

2. That the conference method of assessing 
cases be used more widely in the large institutions. 



S r. i i. r 



-264- 

9. EDUCATION 

Gen eral 

In the general sense, the education of the 
inmate is the most important phase of his reformation. 
In some respects it is a broadening education: he is 
enabled through wider knowledge to understand better 
the society in which he must live. It is because he 
has not adjusted to this society properly in the first 
place that he has evolved personality difficulties 
with which he has been unable to cope and which have 
been a factor in his anti-social actions. 

In another respect it must be a re-education 
he is "untaught" or has warped, incorrect or distorted 
concepts that he acquired earlier. His attitude 
toward society generally must be changed, and a new 
understanding developed. 

It must be a new education: he must learn 
usually for the first time, that society has not 
turned against him. If he is to reform he must dis- 
cover or rediscover those spiritual values that are a 
necessary completion to every life. 

The educative process begins with entry into 
the institution, the first association with fellow 
inmates, and the first association with the profess- 
ional personnel who represent the new type of society 
that hopes to win him back. 

The specific education program can be 
divided into five classifications: academic training, 



-265- 



vocational training, hobbies, libraries and recreation. 
Such a five-part program, carried out with discretion, 
can be of great benefit to inmate morale, thereb3f 
easing custodial problems, as well as providing the 
diversion, peace of mind and social sense that can aid 
the reformative process. Properly conducted in a care- 
fully-planned program, it can enable the prisoner to 
learn the fundamentals of citizenship and a considera- 
tion of the rights of others. 



Academ ic Education 

(i) Training Schools 

Academic training is carried out at the 
Ontario Training Schools at Bowmanville, Cobourg, 
Guelph, Gait and the Mercer Reformatory, St. 
Mary's (Downsvicw) , St. Joseph's (Alfred), and St. 
John's (Scarboro). Most of these Training 
Schools have regular academic curriculae up to 
Grade IX. Anyone progressing further than Grade 
IX, is given training in outside schools. 

Academic training received in these Training 
Schools is given full credit by the Department of 
Education. A semi-commercial course is provided in the 
institutions for girls. Some tyring is given, but no 
shorthand. 

At the Roman Catholic Training Schools, a 
separate school curriculum is followed up to and 
including Grade IX. Older pupils get some high school 



-266- 

t raining on the outside. 

There are some facilities for teaching the 
mentally deficient, particularly the younger boys and 
girls. The older sub-normals take trade training in 
the kitchens, the shoe repair shops, the laundry, the 
tailor shop, and on the farm. 

Generally speaking, the academic education 
in our Training Schools would seem to be adequate. 
However, commercial training for girls should be ex- 
tended. At present they are taught a little typing, 
and some bookkeeping but little else except for the 
few at the Andrew Mercer Reformatory, who are given 
secretarial training and courses in art, domestic 
science and hair dressing. 

(ii) Reformatories and Industrial Farms. 

Academic education for illiterate inmates 
does a great deal ro raise the level of literacy in 
the province. It should be encouraged and continued. 

At Guelph Reformatory, one teacher takes 
day classes for illiterates, three and one-half days 
per week, for Grades I to III. 

At Burv/ash, there arc also classes for 
illiterates each half-day. 

All others who wish to take schooling at 
these two institutions attend academic classes for 
Grades IV to X at night school, on a voluntary basis. 
Some 68 at Guelph were taking advantage of that 



-267- 



training sis well as a considerable number at Burwash. 

At Brampton, a specialized institution with 
specially-selected personnel and select inmate popula- 
tion, thor: is an excellent academic school extending 
up to and including Grade XII. Inmates spend one half- 
day of each work day in the academic school and the 
other half -day in their vocational training. 

No one is excused from academic school unless 
he has reached at least Grade X, and the instructor and 
suporintondent deem it advisable for him to put more 
emphasis on trade training in the vocational school. 

There is no academic training at all in the 
Industrial Farms at Rideau, Burtch, Kontcith and the 
Reformatory at leimico. However, very little could be 
accomplished by way of academic training at these in- 
stitutions, because of the type of inmates being incar- 
cerated th^re, mostly older m^n who are recidivists. 

(iii) Illiterates: 

Illiterates are a group deserving of special 
consideration. RTi^rcvcr they are incarcerated it is 
essential that they receive instruction, and means to 
this end should be provided at all institutions. In 
this connection, thought might be given in initial 
classification to segregating illiterates into a few 
institutions in order that specialized teaching could 
more readily be made available. 

Quite apart from the importance of eliminat- 
ing illiteracy in the general population, it should be 



-268- 

notcd that illiteracy is potentially a contributing 
factor toward some crimes. If a person can neither 
read nor write, he is far more apt to resort to force 
in order to attain his ends. Utilization of his 
leisure time, without the ability to do any reading or 
writing, poses a problem th?t sometimes results in 
criminal acts. 

(iv) Evaluation: 

There are two schools of thought on academic 
training. At re f ermatories , one school of thought feels 
there should be full-time academic training throughout 
the day for all those properly motivated. 

The other school of thought thinks that any- 
one who wishes to further himself academically, should 
do so on his own time at night. The Committee endorses 
the latter view, for there is no reason why those 
sentenced to custody should enjoy the privilege of day- 
time education that cannot be enjoyed by most adults in 
free society. 

Vocati o nal Training 

(i) Training Schools 

Bowmanvillo has a machine shop, a sheet 
metal shop, wood working shop, shoe repair shop, 
laundry and horticultural unit, all taught by qualified 
tra.de instructors. Although most of th:. training is no'c 
counted toward a regular apprenticeship, the coursos 



-269- 



gcnerally appear to be good for boys aged 14 to 16. 

At Cobourg, vocational training is restricted 
to manual training and wood working. 

At Gait, the girls receive vocational train- 
ing in home economics, hairdrossing, and some crafts. 

(ii) Reformatories: 

Brampton is equipped with excellent voca- 
tional training shops and has woll-qualified vocational 
trade instructors. There is a good vocational program 
in such trades as construction, machine shop, motor 
mechanics, welding, painting, radio, sheet metal, wood 
working and cooking. On release the youths who have 
taken trade training instructions are given a letter 
from the Superintendent and the trade instructor showing 
the time spent in training, which is accepted by the 
Department of Labour and serves as a credit on 
apprenticeship training. Organized labour has displayed 
good co-operation in this regard. 

At the Ontario Reformatory, Guelph, there is 
a similar trade training program with qualified trade 
instructors treaching such trades as bricklaying, 
carpentry and cabinet making, motor mechanics, plumbing, 
sheet metal work, machine shop, upholstery, interior 
decorating, and. cooking. 

The only other trade training which is carried 
on is at Burwash--a sheet metal and machine shop, with 
only one day instructor. 



-270- 

At the Mercer, training is given in beauty- 
courses, needle crafts, general domestic science and 
household economics. 

Hobbies 

One of the greatest difficulties confronting 
young people today is inability to organize and properly 
utilize leisure hours. This has been a factor in the 
delinquency of a great many juveniles and also a great 
many adults. 

To combat the leisure-time problem, one of 
the most effective programs is one that adds good 
hobbies to the individual's interests. It is not valid 
to suppose that inmates should only be taught that 
which will enable them to earn a better living after 
discharge. Also important is that which teaches the 
inmate to live better, and it is in this category that 
hobbies should be considered. 

Some institutions, such as Guelph Reformatory, 
have excellent programs in this respect. Others have 
few or no hobby projects. Essentials could easily be 
provided in all institutions without too much expense or 
effort, and a good program established. 

The female population in our institutions and 
jails could very well spend more of their leisure time on 
needle work, weaving and leathercraft . 

Libraries 

Libraries in the majority of the institutions 



-271- 



the Committee visited are inadequate and unsatisfactory, 
although a few were good* 

Libraries in the reformatories and jails are 
definitely a part of the educational program and should 
be a part of the rehabilitation process. A good library, 
properly established and housed, can do much to improve 
the education of the inmate s and provide a release from 
emotional strain, besides being of help in occupying 
idle hours and leisure time. 

Many libraries require a drastic weeding out 
of old damaged and useless books. All institutions 
should evolve a definite and practical system for pro- 
viding good books, keeping them according to index, and 
making them available to inmates. 

In the selection, emphasis should be placed 
upon books which will transfer the interest of the 
inmates from a sensationalist track to a better grade 
of book. Subversive literature and that depicting sex 
and crime should be considered as contraband. 

The libraries should have a variety of 
books which would meet the needs of the whole prison 
population, from those with a limited education to 
those possessing a higher education. There should bo 
something for every intelligence level. 

One half of each library should be composed 
of fiction, with the remaining half covering the fields 
of history, travel, biography, science, trades, useful 
arts, reference books (to supplement the academic 
training classes), encyclopaedias, atlases, and a 
suitable range of selected magazines. 



■272- 



The institutions should not have to depend 
entirely upon the discards from local libraries in order- 
to build up their own libraries. An annual appropriation 
should be made of an amount which would keep the library 
up to a satisfactory standard. 

A selected inmate could act as librarian to 
carry on the routine operation of the library under 
supervision of custodial officers. 

Recreational Educatio n 
(i) General 

Recreation in our institutions is increasingly 
being regarded as a constructive and necessary part of 
the rehabilitation and treatment of inmates, provided, of 
course, that it i s not carried to extremes. A good 
recreational program can be beneficial both physically 
and mentally, giving inmates satisfaction for emotional 
needs and enabling them to bear tension and frustration 
without "blowing up". It provides an outlet for their 
energies that perhaps would otherwise find expression in 
bitterness, dissatisfaction, trouble-making and a lower- 
ing of morale. An absence of an effective recreational 
program can seriously affect the discipline and 
efficiency of an institution as well as morale. 

(ii) Training 

A physical education and recreational training 
course for guards should be held from time to time when 
the need for more instructors arises in the institutions. 

The recreational programs carried out in the 



-273- 



various institutions usually include gymnastics, indoor 
games, and the usual outside games which vary according 
to the seasons. 

Each institution has a Sports Day each 
summer and track and field events form a entire day's 
program. Most institutions form all-star teams in 
Softball, basketball and hockey, and outside teams are 
allowed to visit the institution to compote. 

Among the effects of these sports is training 
of inmates in attitudes of fair play, co-operation and 
good sportsmanship. They are a valuable, rlthough 
minor, aid in improvement of inmates' personalities 
generally. However they must be handled carefully to 
ensure that no special privileges accrue from sports, 
and that the recreation program is not over-stressed. 
The inmates are in a custodial institution for offending 
against the law, and the program should not be so 
pleasant that they would be allowed to forget this fact. 

(iii) Films and Concerts 

Reformatories and Industrial Farms have 16 
mm projectors by which movbsare shown the inmates 
weekly. Educational and vocational films are also 
shown as a form of visual education. 

The instructors in some of the Institutions 
organize talented inmates and train them in stage 
productions. 

The Ontario Reformatory at Guelph has an 
instructor in music who instructs in band and 
orchestral instruments. 



-27^- 



Thc Ontario Reformatory, Brampton has a 
music instructor, who teaches vocal music. 

The Andrew Mercer Reformatory for T,T omcn has 
a music instructor who teaches choral singing. 

These activities, if carried out to a limited 
extent, arc commendable to a degree in that they may 
give expression of inmates' yearnings toward what arc 
sometimes termed "the finer things of life 5i . 

(iv) Gradual Improvement 

There is room for improvement in recreational 
facilities at I'imico Reformatory and Rideau, Monteith 
and Burtch Industrial Farms. Such improvements should 
be carried out slowly, constantly bearing in mind the 
punitive aspect as w ell as the reformative aspect of 
custodial institutions. 

Reco mmenda tions 

On the basis of the findings outlined above, 
the Committee recommends: 

1. That commercial training be extended in the 
Ontario Training School for Girls. 

2. That general educational efforts be extended 
where necessary, keeping in mind both the reformative 
program and the punitive aspect of detention, by 
establishment of adequate library facilities in all 
custodial institutions, and maintaining of instruction, 
hobbies and recreation at a consistent level. 



-275- 



10. DISCIPLINE 

Maintenance of good discipline is 
obviously necessary to the efficient operation of 
every custodial institution. If proper discipline 
cannot be maintained, reformative programs have little 
chance of being effective, security is endangered 
and custodial problems generally become excessively 
trying. 

Discipline usually is the first thing 
taught all inmates, and properly so. In addition to the 
practical considerations of institutional operation, it 
must be remembered that the inmate has b roken the rules 
of society. Not until he can be brought within some 
administrative framework, and hence within some form of 
discipline, can there be hope of his reclamation. 

Another important requirement is that of 
maintaining a high standard of discipline and respect 
among the employees. They represent society to the 
inmate population and they must at all times set an 
example consistent with reformative aims. 

F r t>per Nature. 

The best disciplinary code is one that 
promotes order and smooth running of the institution 
with the least possible friction arising therefrom. 
Discipline should be firm and unvacillating, but always 
humane. When punishment must be administered it must be 
done without malice, revenge or other personal feeling 
on the part of the officers. 



-276- 



The Department of fteform Institutions 
evidently has tried to embody these principles in the 
codes of discipline in Ontario's custodial institutions. 
Discipline generally is good, ^o punishment or deprivat- 
ion of privileges can b e imposed on any inmate without 
the authority of the Superintendent or acting supervisor. 
Every complaint regarding either an employee or an inmate 
must be in writing. 

The Committee found absolutely no evidence of 
brutality or deliberate unfairness. 

Mild punishment takes the form of loss of 
normal privileges, such as books from the library and 
smoking. For more serious offences a prisoner may lose 
a portion or all of such good conduct remission of 
sentence as he may have earned* A difficult prisoner 
again may be confined to his cell and, in addition, put 
on reduced rations. The minimum diet is five ounces of 
bread and all the drinking water desired, such rations to 
be imposed for no longer than three consecutive days. 

For severe breaches of discipline, solitary 
confinement can be ordered. 

The committee was surprised to learn that 
another allowable punishment is imposition of both hand- 
cuffs and leg-irons. Where irons are ordered, present 
regulations call for one visit every hour to the cell by 
either an officer or guard with the Medical Officer 
making at least a daily visit. Such irons must be rem- 
oved one hour at meal times and during specified sleep- 
ing times. The use of irons in this age would be complete- 
ly without justification. An inmate's person should 



-277- 
no more be shackled than he shouxa be shackled to a 

wall after the style of ancient dungeon practices. 
There have been no indications that this form of punish- 
ment has been used at all in recent years, but the 
possibility of its being used should be removed from 
the regulations. 

Corporal lunish ment. 

Inmates may not be punished by the lash. 
This may be imposed only by order of the sentencing 
court. l he only punitive weapon permitted in our 
institutions is a leather strap. The reasons for this 
distinction accorded the lash are puzzling. Having 
examined both, the Committee is convinced that the strap 
is a much more formidable instrument than the lash 
presently in use. 

The strap can only be inflicted on an inmate 
after he has been carefully examined by a doctor and 
certified physically and mentally able to endure the 
punishment. yhe strap may be ordered, after a hearing, 
for any prisoner who assaults an officer or assaults 
another prisoner; who attempts to escape, riot or incite 
riots; who refuses to work after warnings; who is repeat- 
edly insolent to officers; who destroys property delib- 
erately, or attempts to commit certain crimes of a per- 
verted nature . 

Corporal punishment is a valuable deterrent. 
Knowledge of the inmates that the superintendent no 
longer had the power to order it without approval from 
Head Office undoubtedly was a major contributing factor 
to the riot at Guelph Reformatory in 1952. This 



-278- 



situation was corrected soon after the riot when the 
power to order corporal punishment was restored to 
superintendents . 

The committee is satisfied that the use of 
corporal punishment in custodial institutions is justif- 
iable and necessary as long as it is used rarely and 
with discretion. Superintendents have demonstrated 
that they do not abuse their power to have this form of 
punishment inflicted. They have, in fact , refrained from 
ordering it for some cases for which it unquestionably 
would have been deserved. 

The following figures show that ODrporal 
punishment has been inflicted sparingly in Ontario 
institutions. Over the past five years it has been 
used on an annual average of about one of every 225 
inmates. 



i 



-279- 



Number of cases of Corporal 
Punishment during fiscal years 
ending March 31-1949-1950-1951-1952- 
1?53. 

1943-1949 

Total number of prisoners in custody 

during year 43, 348 



Number of prisoners sentenced by 26 

Courts to corporal punishment 

Number of prisoners received 
corporal punishment for infraction of 
discipline - Jails - 24 

Refs.Sc Ind. Farms - 235 259 

( .6% of number 
in custody) 

Includes sit down strikes at Guelph-distrubance at 
Burwash - and sit down strike and distrubance at Mercer. 



Ig49-1950__ 

Total number of prisoners in custody 

during year ... . > „ . 4$, 139 

Number of prisoners sentenced by 

courts to corporal punishment 45 



Number of prisoners received corporal 
punishment for infractions of discipline 

Jails - 69 
Refs.fc Ind. Farms -177 246 



(.5% of 
number in 
custody) 



-280- 



19 50-195 1 

Total number of prisoners in custody 

during ye ,r 51 , 517 

Number of prisoners sentenced by 

courts to corporal punishment . . 27 

Number of prisoners received corporal 
punishment for infractions of discipline - 

Jails - 35 
Refs.& Ind. Farms 16 5 200 



( .1+% of number 
in custody) 



19£l_r,1912^__ 

Total number of prisoners in custody 

during year.... 50,622 

Number of prisoners sentenced by 

courts to corporal punishment 25 

Number of prisoners who received corporal 
punishment for infractions of discipline - 

Jails - 17 
Refs.& Ind. Farms -S3 105 



( .2% of number 
in cus tody) . 



1952-1 953 

Total number of prisoners in custody 

during year 51,0$0 

Number of prisoners sentenced by courts 

to corporal punishment 27 



Number of prisoners who received corporal 
punishment for infractions of discipline - 

Jails - 25. 
R e fs.& Ind. Farms - 225 2 50 (.5$ 

of number 
in custody) 

Includes disturbance at-Gudph, July 1952. 



-281- 

Recommendations . 

On the basis of the .findings outlined above, 
the Committee recommends: 

1. That existing policies and practices 
in regard to discipline and punishment be continued. 

2. That provision for use of leg irons 
be removed from the regulations. 






< 



.-♦.,• 



-282- 



11. SECURITY 

Ontario's reformatories and industrial farms 
are open institutions, without the walls and other 
provisions that make for high security. Consequently, 
the security enforced by the Department of Reform 
Institutions are of particular importance. 

The Department of Reform Institutions has 
managed to maintain a commendable degree of security. 
Escapes are surprisingly rare in view of the open- 
ness of the institutions. The Committee is convinced 
that the security policies and practices of the 
Department are generally adequate. 
Contraband 

There are widespread rumors of extensive 
trafficking of contraband such as narcotics and liquor 
in Ontario institutions. After thorough investigation, 
the Committee concludes that such rumors are usually 
exaggerated. Some trafficking does go on but it does 
not appear to be extensive. The Department's policy 
in this regard is strict and guards found guilty of 
trafficking are dealt with quickly and sternly, 
with good deterrent effect. As long as guard turnover 
is high, it is inevitable that there will be 
incidents of trafficking, despite restrictive efforts 
by the Department . 



-283- 



There is one obvious and elementary precaution the 
Department fails to take, however. In some of the 
institutions, such as the Industrial Farm at Burtch, 
there is no gate in the driveway and no fence around 
the grounds. It would be simple for anyone from out- 
side the institution to drive or walk in the grounds 
and deposit contraband in a place pre-arranged with an 
inmate, and for the inmate to pick it up the following 
day in the course of his regular routine. The Depart- 
ment should establish more rigid control over entry 
and egress at its institutions by means of night patrols 
or any other measures necessary for effectiveness. 

Guelph Riot, 1952 

The last serious disturbance which has taken 
place in an Ontario institution was at the Ontario 
Reformatory, Guelph, in July of 1952. The Committee 
conducted interviews at Guelph for several days and 
enquired particularly into the circumstances of the 
riot. From the evidence of both officials and inmates, 
it must be concluded that there was no single over- 
riding cause . 

The main immediate cause appears to have 
been the knowledge of the inmates that the Superintendent 
no longer had the power to order corporal punishment. 
By a directive from Head Office, the superintendents 



-284- 

of all institutions had been deprived of this power 
early in 1952. When they thought corporal punish- 
ment should he inflicted, they had to get the approval 
of Head Office before ordering that it be carried out. 
(This directive was rescinded shortly after the Guelph 
Riot so that superintendents again have full power to 
decide when this form of punishment should be given). 
The inmates, through the "grape-vine" that passes on 
to them such a fantastic variety of knowledge, learned 
the contents of the directive and their fear of 
punishment was reduced. As a result, there was a 
general slackening in their respect for discipline. 

A new Superintendent had been appointed 
early in 1952. Between the time his appointment was 
made and the time he arrived to take over his duties, 
a man was promoted to a senior rank without prior 
consultation with the new superintendent. This man 
was disliked by some of the other custodial officers 
so intensely that the friction affected staff morale. 
(The officer since has resigned). The Committee is 
not prepared to judge flatly whether the officer 
merited dislike or not, but the fact is clear that his 
presence caused dissention. The lowering of morale 
in which this dissention apparently was a major 
factor, was something the inmates quickly sensed and 



-285- 



which apparently was indicated overtly on occasion. 
This added to the inmates' disrespect for discipline. 

Another contributing factor, in the opinion of 
those interviewed by the Committee, was the inmates' 
knowledge that there had been a series of riots in 
United States' institutions. According to penologists, 
a riot in one institution -- and especially a series 
of riots -- tcinds to incite riots in other institutions. 
The knowledge that inmates elsewhere have rebelled 
against authority sows in their minds the seed of 
a disturbance in their own institution. 

Of the other causes, none stands out as 
major. There were no exceptional defects in food, 
day-to-day dealings with inmates, or any of the other 
things that are routine grounds for occasional complaint 
in any institution. 

Inexperienced staff due to the high turnover 
of guards was another factor. This is a factor that 
is present in most of Ontario's custodial institutions 
and will continue to be present until the conditions 
of guards' employment are improved. 

Improvements that would specifically guard 
against repetition of such a riot have been made else- 
where in this Report, particularly to the effect that 
the superintendents' power to inflict corporal punishment 



. 



-286- 



should be retained, that the conditions of guards' 
employment should "be improved and that senior changes 
in personnel in an institution should not be made 
without prior consultation with the superintendent 
or the person whose appointment as superintendent 
is shortly to take effect. 

Re c ommenda t i on s 

Many of the recommendations in this Report 
have a bearing on security and detailed listing is 
not needed here. On the basis of the findings outlined 
above, the Committee additionally recommends: 

That the Department of Reform Institutions establish 
more rigid control over entry and egress at its 
institutions by means of night patrols or any 
other measures necessary for effectiveness. 



-287- 

12. FEMALE OFFENDERS 

General . 

The work of caring for adult female offenders 
in this province devolves largely upon the Andrew 
Mercer Reformatory, Toronto, and its very capable 
superintendent. Only one female is committed either 
to jail or a provincial institution for every 20 males. 
Of the total incarcerated in the Mercer, more than half 
are married. 

The Province is fortunate in that, despite the 
inadequacy of facilities and many obvious deficiencies 
of the system generally, female offenders receive 
institutional treatment of a reasonably acceptable 
standard. Many recommendations and comments have been 
made throughout this Report for the general improvement 
of the system of custody and reformation of all inmates. 
For convenience these have, in the main, been couched 
in terms referring to males, but they are intended to 
apply with equal validity to female offenders as well. 

Custody . 

Within the city, county and district jails, 
accommodation is generally provided in a separate wing 
for females. The contrary was found to be the case in 
only one such institution, which is described in the Jail 
section (Chapter IV). Some crowding of female quarters, 
and in some cases insufficiency of sanitary and exercise 
facilities, were noted. 



. 



-288- 



Re commendations have been made elsewhere for 
the general improvement of jails, which would improve 
accommodation for females as well as men. For both 
sexes, in all custodial institutions, segregation should 
be carried out with greater refinement. This is most 
essential from the standpoint of safeguarding first 
offenders from falling into recidivism. 

Also important is the absolute segregation of 
all female sex offenders, and such drug addicts as may- 
be found. 

A Reception Centre has been recommended in 
Chapter VI. Establishment of this centre will spear- 
head more effective reformative programs for offenders 
of both sexes. 

Special Services 

The Committee commends the high degree to which 
industrial production and the teaching of industrial 
skills has been developed by the staff of the Mercer 
Reformatory. Such development gives good aid in the 
work of reformation and rehabilitation and contributes 
in no slight degree toward the cost of housing female 
offenders. It is hoped that, when the Andrew Mercer 
Reformatory has been re-established elsewhere in a new 
building, as is recommended in Chapter III, employment 
of similar techniques of industry and training will be 
continued and enlarged. 

Recommendations are made herein for the extension 
of the Alex G. Brown Memorial Clinic for alcoholics. 



-289- 



As soon as possible the facilities of such a clinic 
should be made available to female offenders as well. 
If necessary a separate branch should be established. 

Special provision should be made for the 
mentally retarded and deficient who offend against the 
law. Encouragement and training should be given these 
that they may be helped to find a place in society as 
law-abiding citizens. In this category are some who 
have borne several illegitimate children. Sterilization 
of these has been suggested, but it is not the answer. 
It might solve the immediate problem, but would raise 
so many other complications and problems that it must 
be rejected outright. 

Probation, Parole and After-Care . 

Greater use should be made of indefinite 
sentences for female as well as male offenders. 
Definite sentences now are employed to a degree that 
female offenders often have such a short term under 
supervision that an effective job of reformation and 
rehabilitation is next to impossible. 

Probation of more female offenders to the care 
of properly-trained female probation officers should be 
considered. 

In re-constitution of the Parole Board, and the 
setting forth of its duties, it should be kept in mind 
that part of its work will be carried out with respect 
to female offenders. 



-290- 

At present there is an unhealthy gap in the 
facilities provided for the reform of young female 
offenders. (at Gait Training School) and that provided 
for older offenders (at the Andrew Mercer Reformatory) ♦ 
Provision should be made for female offenders similar 
to that set up for males in the Ontario Reformatory, 
Brampton. This could take the form of a cottage plan 
set on the greunds of a re-established Andrew Mercer 
Reformatory. 

Recommendations 

The findings outlined above are enlarged upon 
in other parts of this Report and recommendations made 
with regard to both female and male offenders. At this 
point, however, the Committee recommends: 

That consideration be given to an immediate 
start on a cottage-plan accommodation for young female 
"reformables" . 



-291- 



13. ALCOHOLICS 

General . 

While the role of alcohol in crime is 
often over-estimated, there is no doubt that 
alcoholic excesses are a major contributing factor 
to the conviction and incarceration of a consider- 
able proportion of offenders in Ontario. Over 60 
percent, of all offenders are sentenced for breaches 
of Liquor Acts, drunk driving or drunkenness. Over 
the past three years, when there have been about 
40,000 sentences per year, about 25,000 of these 
have been for such offences. 

Those who have very definite views on 
this subject are likely to forget two aspects: 
(1) these 25,000 are, for the most part, guilty of 
petty offences that would not qualify as "crime" in 
the strict sense of the word; and (2) they form a 
very small percentage of the total number of persons 
in this Province who drink. Nevertheless, they 
impose heavy pressure on custodial institutions 
throughout Ontario. This is true not only of jails 
but also of reformatories and industrial farms. 

In considerating the problem, clear dis- 
tinctions must be made among those whose crimes were 



-292- 

in some way related to alcohol. They could be 
divided into three groups: 

(1) Those who had too much to drink on a 
certain occasion, or certain occasions, made errors 
in judgment as a direct result of their alcoholic 
state, and engaged in actions that they would not 
have even considered when sober. 

(2) Those who use drinking as an excuse for 
their anti-social actions. This group is different 
from the first group in that its numbers do things, 
even though emboldened by alcohol, that they were 
quite capable of doing while sober. It is convenient 
for them later to blame all their troubles on drink. 

(3) Alcoholics. These are persons who are 
completely dependent on alcohol, who must drink 
almost incessently throughout their waking hours, who 
have not the will to stop. 

Comparisons have been made between the 
number of convictions incolving liquor in this 
Province and the number in England and elsewhere. 
Such comparisons should be placed in very careful 
perspective. Ontario figures are, of course, much 
higher, but there are a number of acts in Ontario -- 
including common drunkenness, for which nearly 15,000 
are convicted annually -- which are not considered 
offences in Britain. 



_p 



293- 



The "treatment" accorded most alcoholics 
who got into trouble with the law in Ontario in the 
past, has been to send them to jail for 30 days to 
dehydrate, then let them out only to have them back 
within a week. The Committee interviewed some 
alcoholics who spent more time in jail than out of 
it. It is not unusual to find such persons who have 
a record of 25 to 50 convictions, and some of them 
have well over 100 convictions. They follow a dis- 
couraging and degrading routine. Most of those who 
might be called the "habitual drunks" have no money 
when discharged, and they return to old friends for 
help. The help is almost always in liquid form, 
and it is only a matter of time before they are again 
picked up, again appear before the magistrate and 
again are lodged in jail. The existing jail system 
offers no hope to such men. 

For those who are sent to reformatories 
and industrial farms, rather than staying in the 
local jail, there is more hope. They may be able to 
undergo treatment to cure their alcoholism. 



-294- 



The Alex. G. Brown Memorial Clinic. Mimico . 

1 " " ' — " ' M ' ■■' MMI ■■" ■ — — ■!!■! — - ■■! ■■ ■■ ' I— .... — I I II II II I II f ■ I I— Ml I I W I - I «M 

This Clinic was established in September, 
1951, in a remodelled three-storey brick building on 
the grounds of the Ontario Reformatory, Mimico. It 
signalled the start of a new approach to the problem 
of alcoholics in reformatories and industrial farms. 
Selected alcoholics from all parts of the Province are 
sent here for a 30 day treatment prior to discharge. 
The Clinic has accommodation for 30 inmates. The 
screening process leading up to admissions to the 
Clinic starts after a convicted person' s admission to 
a reformatory or industrial farm. At each institu- 
tion, a psychologist interviews two groups within a 
month after admission; those convicted of offences 
directly involving liquor, such as breaches of the 
Liquor Control Act; and those convicted of some other 
offence who said, in reply to a question on admission, 
that they considered themselves to be alcoholics and 
were interested in treatment. Such inmates, wherever 
possible, are kept segregated from other inmates of 
the institution during the second to last month of 
their sentence. They are told in detail about the 
Clinic, are given an opportunity to ask questions and 
are given two psychological tests aimed at determining 
their mental ability and the extent of their drinking. 



-295- 

Their personal history is noted, as well as their 
drinking history and the effect of drinking on 
their employment, social and family life, criminal 
activities and so on. Finally, each man in the 
group who volunteers - and no one goes to the Clinic 
unless he volunteers - is called before a meeting of 
the Institutional Classification Committee, made up 
of the Superintendent, the Psychologist and the 
Medical Officer. If the institution has no full- 
time medical officer, the third place is taken by 
the Senior Custodial Officer. 

The purpose of screening is to find out 
which men are alcoholics, as distinguished from heavy 
drinkers; and which men realize they need help, and 
sincerely want help, to overcome their problem. The 
Classification Committee studies the evidence on these 
questions and decides, by majority vote, who shall go 
to the Clinic . Each man selected is transferred to 
Mimic o within a few days and is housed there in 
regular accommodation until the last 30 days of his 
sentence are due, when he is transferred to the 
Clinic itself. 

The staff of the Clinic consists of two 
full-time psychologists, part-time medical officers, 
a part-time nurse and four rehabilitation officers in 
addition to custodial officers. 



-296- 

The treatment is based on education, 
spiritual guidance and medicine. One of the 
specialists on the staff gives a lecture each day 
on alcohol and its immediate effects, followed by a 
question period, in order to educate the inmates so 
that they will know as much as possible about their 
problem and, also, will know what they can do to 
help themselves. In addition, there is individual 
counselling by the psychologists to help the inmates 
work out personal problems such as those involving 
home life and occupations. 

Each Sunday there are religious services, 
and in addition there is religious counselling by an 
ordained minister who is available one half day a 
week. He conducts both personal interviews and group 
discussions. It has been found that many of the men 
have never been touched by religion and are not 
likely to be strongly influenced by it in future, but 
many others have been close to their church at some 
time and wish to get back to it. In most of the 
latter cases, their alcoholism has led them, directly 
and indirectly, to be almost ashamed to go to church. 
Their clothing had become shabby and they had lost 
the respect of the community. The religious coun- 
sellor encourages them to renew church associations 






-297- 

and shows them how it can be done once they left 
the Clinic and have resolved not to return to the 
use of alcohol. 

The medical treatment includes building 
up deficiencies within the body that have been 
caused by alcoholic excesses over long periods of 
time. The treatment also includes the use of a 
medicine called antabuse, which is used, as a "crutch" 
by which the men can help themselves back to a normal 
sober life. In the Clinic, the men take one antabuse 
tablet each day with a glass of water, just as they 
would take a headache tablet. The effects of this 
medicine are fairly well know - it usually makes it 
impossible for a man to take more than a drink or two 
of an alcoholic beverage. Part way through the treat- 
ment period, each man at the Clinic is given a drink 
or several drinks of the alcoholic beverage that he 
has been in the custom of consuming. The purpose is 
to show the staff h,?w much antabuse each inmate needs 
to work effectively on. his system, and also to con- 
vince the inmate that antabuse really works. 

Cn discharge from the Clinic, each inmate 
is provided with a supply of antabuse and is told 
that he can renew his supply without cost at any time 
by writing to the Clinic. An important phase of the 



•298- 



treatraent is the after care carried on by the 
Rehabilitation Officers. They officially have no 
hold over an inmate after he has finished his 
sentence, but most dischargees volunteer to allow 
the Rehabilitation Officers to keep in touch with 
them for at least one year after discharge. If an 
inmate's home is too far from Mimico for one of the 
Rehabilitation Officers based at the Clinic to keep 
in touch with him conveniently, he can be aided by 
the Rehabilitation Officer whose base is closest to 
his home. These officers are available for general 
counselling and encouragement and also are on call 
for emergencies. 

It is too early to assess the success of 
the Clinic with certainty, but preliminary studies are 
extremely e ncouraging. Those who operate the Clinic 
do not consider that an inmate is fully recovered until 
he has gone four years after discharge in uninterrupted 
abstinence. On the basis of results to date, however, 
it would appear that the Clinic has a satisfactory degree 
of success and that it benefits society financially as 
well as in other ways. 

A survey compiled some time after completion 
of the first year of operations showed that 1+& percent, 
of dishcargees had not returned to drink. Of the 



-299- 



remainder, some made the common mistake of thinking, 
after a period of abstinence, that they could return 
to social drinking and instead returned to 
alcoholism; and others started drinking again when 
they became extremely depressed about their progress 
and their personal lives. 

The cost of the Clinic is close to $50,000 
a year. To place the financial picture in proper per- 
spective, the improvement of dischargees' earning 
powers and the decrease in costs of keeping them in 
custody must also be considered. Reports on 207 of 
the first dischargees in the Clinic's early operation, 
including both those who were successfully rehabilitated 
and those who returned to alcohol, indicated that their 
annual time spent in custody was reduced by a total of 
about 17,000 days. This alone, on the approximate 
basis of $4 a day custodial costs per inmate, would 
amount to an annual saving of $68,000. It can be 
seen that after several years of operation, with hundreds 
and thousands of dischargees living sober, law abiding 
lives, the annual savings will be many time the annual 
costs. 

In addition, 'there are further savings which 
cannot be estimated in dollars and cents. The rehabili- 
tation of alcoholics performed by the Clinic is a 



-300- 

humanitarian achievement that is worthy of the very- 
best in any reformative system. 

Alcoholics Anonymous . 

Valuable work in the rehabilitation of 
alcoholics is carried on in institutions by Alcoholics 
Anonymous. Some of its members go into the institu- 
tions periodically and hold meetings and talk 
individually with inmates who are seeking a solution 
to their alcoholic problems. The work of A. A. is 
well known and cannot be too highly commended. It 
does not conflict in any way with the operation of the 
Alex. G. Brown Memorial Clinic, but rather provides 
another means of attaining the same end. Because of 
the nature of the organization and its methods, the 
Department of Reform Institutions cannot take an 
active part in its work except by facilitating and 
encouraging its operation in institutions. 

Analysis . 

There is no doubt of the wisdom and 
effectiveness of existing methods of dealing with 
alcoholics. There is doubt, however, as to whether 
these methods are reaching and benefiting as many 
inmates as is desirable. There is no establishment 
similar to the Brown Clinic for women, as in all 



-301- 



fairness there should be. Such an establishment 
could either be attached to the Brown Clinic or on 
the grounds of the institution that will replace the 
Andrew Mercer Reformatory. It would be on a much 
smaller scale than the Clinic for men, since there 
are fewer women inmates and therefore fewer women 
alcoholics, and its results would not be as spectacular, 
but there is no justification in denying to women the 
privilege of alcoholic treatment merely because they 
are few in number. It must be remembered that not 
only the women who take the treatment derive benefits, 
but also their friends, their families, the communities 
in which they live and society as a whole. 

At present a man's intelligence is a 
factor in determining whether he shall go to the Mimic o 
Clinic, because it has been found that those of low 
intelligence do not absorb the full meaning and signifi- 
cance of the lectures. As outlined above, it is an 
intregal part of the treatment to have the men under- 
stand the causes for initial heavy drinking so that 
they may be better prepared to recognize the times in 
the future when the return to alcohol would most likely 
take place. By group instruction, lectures and other 
methods the specialist on the Clinic's staff attempts 
to show how feelings of tension, frustration, resentment , 



-302- 



anxiety and the like induced many of them to become 
dependent upon alcohol in the first place and could 
do so again. If these lectures, along with lectures 
on the medical effects of alcohol, are not understood, 
it is obvious that the treatment does not stand its 
maximum chance of success. The Committee is inclined 
to believe, however, that the requirement of a 
reasonably high level of intelligence reflects a weak- 
ness not in the men but in the Clinic. An alcoholic 
with low intelligence is a human being who merits the 
help of the Clinic as much as does another alcoholic 
with high intelligence. The Clinic attempts to drive 
home principles that are straightforward. Every 
effort should be made to ensure that the lectures are 
given in a correspondingly straightforward manner to 
a sufficient extent that intelligence becomes less 
important as a qualifying factor than it is now. 

It is unfortunate, perhaps tragic, that 
treatment of alcoholics is confined to those who have 
been sentenced to reformatories or industrial farms. 
Nothing is done for those sentenced to jail. Thus 
there is a large gap in the area of treatment, for 
many alcoholics follow the routine of being continually 
in and out of jail on brief sentences for common drunken- 
ness but do not commit the petty offences, such as minor 



-303- 



theft, that would result in their being sent to a 
reformatory or industrial farm. Under the existing 
system this gap would be almost impossible to avoid, 
since in the first place those sentenced to jails are 
not properly classified, in the second place the 
turnover of jail population is so heavy that it would 
be a huge task to try to keep track of all the 
alcoholics in all these institutions, and in the third 
place the short sentences themselves - 30 days, for 
example - rule out the possibility of careful individual 
investigations followed by transfer to the Clinic for 
the time necessary to effect treatment. 

The Brown Clinic has amply demonstrated 
that something can be done for alcoholics and that it 
is worth-while doing. If it is worth-while doing for 
those sentenced for theft, forgery and so on, it is 
worth-while for those sentenced for common drunkenness. 
It is clear that those sentenced for common drunkenness 
should not be given futile short sentences, but should 
be given longer sentences including an indefinite term 
that allows time for classification, sorting out of 
the alcoholic and transfer to the Clinic for treatment. 
The Committee has had legal advice that the power to 
provide for such sentences is in the hands of the 
Province and it is clear that until this type of 



-304- 



sentence is provided, we will continue to have 
treatment for an inadequate number of alcoholics with 
resultant anguish to the inmates involved and their 
families, recurrent costs of trying and incarcerating 
them and a considerable degree of failure on the part 
of the reformative system in the protection of society 
against the nuisance and shame of perpetual drunkenness. 
In a true reformative system, with the stress on treat- 
ment aimed at rehabilitation to useful law abiding 
lives, the responsibility of treating all convicted 
alcoholics must be assumed fully and effectively. 
Once longer sentences with indefinite 
periods were made the rule for offences involving 
liquor, it would be practical for the new Reception 
Centre recommended in this Report to receive, study 
thoroughly and classify all these persons and have them 
transferred for alcoholic treatment whenever warranted. 
Along with this provision, however, there should be an 
extension of existing facilities for treating alcoholics, 
either at the Brown Clinic or through establishment of 
similar clinics elsewhere in the Province. It is 
understood that expansion of the Brown Clinic is being 
considered to handle increasing numbers from reforma- 
tories and industrial farms as the treatment becomes 
better known and more and more volunteer for it. When 



-305- 

those housed in jails become eligible, further 
extension of facilities will be unavoidable. 

As pointed out above, the Brown Clinic 
does not, and is not intended to, interfere in any 
way with the work of Alcoholics Anonymous. It is 
to be hoped that the utmost encouragement will con- 
tinue to be given to A. A. members in their work with 
inmates. 

Not touched by either the Clinic or A. A. 
is a very large group of inmates who drink to excess, 
whose anti-social actions can be blamed to some 
degree on their drinking habits, but who are not 
alcoholics. Departmental reports, dealing with 
committals rather than those sentenced, showed in 
both 1950-1951 and 1951-1952, that nearly 30,000 out 
of slightly more than 46,000 could be classed as 
intemperate in their drinking habits. Some of these 
are bordering on alcoholism but were not considered 
qualified for admission to the Brown Clinic for treat- 
ment. Since treatment is aimed at out-and-out 
alcoholism and is based on the individual's desire to 
co-operate and receive assistance, it would be unwise 
to modify the existing caution in determining who 
shall qualify. For intemperate inmates who do not 
qualify, detailed classification should indicate areas 



-306- 



of treatment designed to combat their drinking problems, 
as well as other anti-social behaviour, in regular 
institutional programs. 

Recommendations . 

On the basis x>f the findings outlined above, 
the Committee recommends: 

1« That indefinite sentences be provided 
for all persons convicted of offences involving 
liquor so that all convicted alcoholics would become 
eligible for treatment, subject to screening for 
suitability. 

2. That facilities for treatment of 
alcoholics be extended, either at the Alex. G. Brown 
Memorial Clinic or elsewhere, to ensure that facili- 
ties would be available for all convicted alcoholics, 
including female offenders. 

3. That the treatment program be revised 
as much as is practicable so that the intelligence 
requirement for admission will bar as few as 
possible . 



-307- 
14. NARCOTICS ADDICTS 

Narcotics addicts, while comparatively few 
in number, pose a problem in security and rehabilitation 
to which, generally speaking, few jurisdictions have 
found a satisfactory answer. While in custody they are 
irritating, hard to discipline, irrational and a general 
threat to the good order of the institution as a whole. 
When taken under medical treatment they may be weaned 
from addiction, but all evidence available indicates 
that drug addicts cannot now be medically cured. They 
can merely be deprived of the drug and kept out of 
circulation for a length of time. 

Sentencing such addicts — just under 100 of 
them in Ontario each year -- does little good. If any- 
thing, the addict, on discharge has an even greater 
desire to revert to his old habit. It has been said 
that while an alcoholic can be cured, narcotic addiction 
kills the will to be cured, and thus kills any hope of 
ever achieving any type of cure. 

The ideal solution would be t^ remove the 
sources of supply. Enforcement of this provision 
naturally falls to the police and similar law enforcement 
groups . 

In custodial institutions, some basic steps 
should be taken to rehabilitate addicts physically as 
much as possible. The addicts should be segregated in 
close security accommodation where they can have no 
influence over non-addicts of any type. Hospital treatmer i 



-308- 

should be undertaken to the full extent of present 
knowledge and research with a view to seeking the 
cause and cure of addiction. 

It has been noted in Chapter 11(A) that the 
Committee suggests that the penalties for persons who 
sell drugs should be as severe as possible. The crime 
of these peddlers is a particularly offensive one 
deserving of extreme punishment. 

Recommendations 
On the basis of what is known of narcotics 
addiction at the present time, the Committee recommends: 

1. That addicts be given long sentences so as 
to facilitate ultimate rehabilitation. 

2. That narcotics addicts be segregated in close 
security accommodation, with hospital treatment 
when desirable . 

3. That research into the problem be instituted 
in relation to convicted addicts. 



-309- 



15. SEX DEVIATES 

An Age-old Problem 

One of the most serious unsolved problems 
of society is that of the sex deviate. Such a person 
is a menace to decency and morality and usually a 
threat to women and children. He poses a problem that 
has plagued society since the beginning of time. This 
is a matter that is revolting to the average person, 
but it is one that must be dealt with. In view of 
its significance, the Committee questioned closely 
a large number of persons who could be expected to 
have some knowledge of its details and its possible 
cure, including medical and psychiatric scientists, and 
institutional personnel. Inmates were also interviewed. 

How and why does such abnormality come 
about? What can be done to prevent it? How can deviates 
be cured? Science apparently does not know the answers. 
In this day of near-miraculous medical and sociological 
progress, practically nothing is known about the sex 
deviate. The only thing that seems certain is that 
such persons are sick, either from physical or 
psychological causes or a corrbinations of the two. 

In all penal and reform institutions, they 
are regarded as a particularly troublesome kind of 
criminal, not as sick persons; they are not being 



-310- 

cured "by imprisonment , and upon their release society 
is not protected against them. This Province urgently 
needs to seek the advice of its own scientists and 
the experience of other jurisdictions in devising a 
new and more effective method of dealing with deviates. 

The Situation Today 

Unlike other facets of criminal action, sex 
deviation can continue after a person has been sentenced 
to an institution. It poses a threat to reformation, 
since the sexually abnormal can contaminate those 
who were normal when they themselves went to the 
institution. 

Statistics give an incomplete picture of 
the extent of the problem. Many sex deviates are not 
apprehended until after they have committed offences 
many times; many are apprehended for other offences 
having nothing to do with their deviation; and the very 
nature of incarceration, with deprivation of normal 
sexual outlets, aggravates the problem considerably. 

The total number convicted of what might 
be considered abnormal sex offences in 1951-52, the 
last year for which figures have been published, was 
3^ . The breakdown was as follows: carnal knowledge 
29; rape and assault with intent to rape, 17; buggery, 
18; gross indecency, 48; incest, 17; indecent assault, 127, 



-311- 



and indecent exposure, 87. More than half of these 
were sent to reformatories or industrial farms, and 
most of the remainder went to jails on short sentences. 
It is hard to imagine anything more futile than 
sending a sex offender to jail for two or three months 
with any hope that he will be a more acceptable member 
of society when he comes out than he was when he went in 

Among the sex deviates, as among criminals 
in general, there are psychopaths who are aggressive 
and, apparently, incurable. They might be called 
"sex perverts". They form an entirely separate 
group from those deviates who are passive, have 
accidentally developed abnormalities or have not yet 
become confirmed in deviation. 

Existing legislation is unrealistic in 
regard to such deviates. A man known to be sexually 
dangerous cannot be apprehended, held in custody, and 
treated until he has committed a crime. Even if he 
is a confirmed deviate — a pervert — by the time he 
is first apprehended, he must be sentenced as a first 
offender and on the basis of one crime alone. 
Consequently, he is given a short sentence and sent to 
a reformatory -- or a jail -- where the officials are 
charged with the hopeless task of trying to cure him 
within a matter of weeks or months. Once his sentence 



-312- 



is finished, he immediately is let loose once more 
upon society. The only good that has been done has 
been to "take him out of circulation" for a short time. 
This is not enough. It is a temporary expedient in 
the protection of free society, and it often results 
in the initiation into abnormality of some members of 
society who are in institutions. 

In the institutions, powerful conditions are 
in continual ferment not to reform or cure, but to 
aggravate the offender's propensities for further sex 
aberrations. By depriving inmates of normal sex 
expression, incarceration brings about greater tendencies 
toward sex abnormalities. Unfortunately, the younger 
and weaker inmates face the greatest potential dangers. 

Relatively few persons are incarcerated for 
the crime of homosexuality, probably because of the 
difficulties of apprehension. It is a generally 
accepted fact, however, that homosexuality exists in 
our society to a disturbing degree. Superintendents 
of institutions report that a great many of those 
sentenced for other crimes exhibit homosexual tendencies 
in the institutions. Homosexuality is a perplexing 
problem which custodial institutions attempt to 
handle with inadequate facilities and inadequate 
staff. 



-313- 



Two factors affect the amount of homosexuality 
extent within institutions: the degree of segregation 
and the degree to which dormitory accommodation is 
utilized. Superintendents try to segregate deviates, 
especially perverts, from the general inmate population, 
but they do so through hit-and-miss methods based on 
incomplete information without the benefit of proper 
initial classification and scientific advice. As 
for dormitories, they seem to have been perpetuated by 
a false sense of economy combined with slight 
administrative conveniences. It is obvious that 
homosexuality can more readily develop and spread 
when accommodation is in dormitories, rather than 
individual cells, and inmates have shown considerable 
cunning in evading detection. Quite apart from the 
other indictments expressed elsewhere in this Report, 
the prevalence of homosexuality alone should outlaw 
the dormitory system and dual occupancy of cells as 
well, in all Ontario custodial institutions. These 
forms of accommodation cannot and must not be tolerated 
any longer. 

Institutional staffs include too few 
psychologists, doctors, and other personnel trained 
to deal with this problem. They are not sufficient 
to treat the sex deviates, even if they had the 



-314- 



facilities to do so, in addition to their general 
routine and rehabilitation duties. Their task might 
be likened to that of the Welsh housewife who 
attempted to sweep back the mighty waves of the Atlantic 
Ocean with a few flimsy corn brooms. 

A New Approach 

The subject of sex deviation has been out- 
lined above in a manner that is of necessity somewhat 
superficial. A thorough study would require detailed 
medical and scientific research. Such a study must 
be undertaken in Ontario in an effort to find permanent 
and satisfactory solutions. Certain elementary steps 
should be taken however to facilitate this study and 
to give society the maximum possible protection while 
the study is in progress. 

The core of a new approach to the problem 
should be recognition of the fact that sex deviates 
are sick people. Their incarceration, in most cases, 
should be regarded as hospitalization rather than 
penal detention, with the best efforts of medicine and 
science concentrated on finding cures for individual 
patients. The cures will not be simple. Surgical 
operations, which have been prescribed in some countries, 
do not offer a satisfactory solution. It must be 
achieved in the majority of cases through patient 



-315- 



individual study of each offender by qualified doctors, 
psychiatrists, psychologists, social workers, and other 
trained personnel. Each sex offender must be treated, 
not as an ordinary criminal, but as an individual 
problem. 

About one of every 10 sex offenders is 
female, and the principles of her treatment should be 
the same as those formulated for males. 

The first step toward more effective treat- 
ment of sex deviates should be a re -examination of 
the laws. While the maximum practical freedom of 
the individual must be retained, there should be a more 
adequate method of dealing with the sexually abnormal 
in the courts. Indefinite sentences for sex offenders 
are absolutely essential. Some medical experts 
believe that certain of these offenders -- very few — 
could be handled by intensive probation coupled with 
treatment through hospital out-patient clinics. This 
possibility should be investigated thoroughly. For 
the majority, however, there is no alternative to 
incarceration at the present time. 

The existing procedure for sentencing sex 
offenders is ineffectual, since a magistrate can no 
more be expected to prescribe treatment for a sex 
deviate than he should be expected to prescribe treatment 



-316- 



for a person suffering from a heart ailment. On 
conviction of every sex offender, a magistrate should 
order a remand and obtain a detailed medical pre- 
sentence report before imposing sentence. At present, 
facilities for obtaining such a report in the majority 
of courts are not available. It should be noted that 
some jurisdictinns outside of Ontario have set up a 
close security hospital centre where sex offenders 
are admitted to enable careful screening at a court 
level and complete segregation from all other offenders 
For the treatment of sentenced sex offenders, 
complete segregation should be provided. A thorough 
classificatinn procedure should be set up to segregate 
the perverts from the other offenders. Ample provision 
should be made for product: vo hard labour. Under no 
conditions should inmates of this institution be 
housed in dormitories or in any manner that would 
facilitiate the engagement in homosexual activities. 
Supervision should be close and the staff should 
include a sufficient number of the professional 
personnel who are equipped to treat these cases. In 
view of the scarcity of such personnel, salaries 
should be attractive enough to ensure that the best 
will be obtained. As with the Reception Centre, 
it would be an obvious advantage for this unit to 



-317- 



be located at or near a University centre. The 
personnel of the institutional wing or unit should 
work closely with the staffs of universities and 
hospitals in research projects, and in connection 
with undergraduate and graduate courses involving 
the treatment of sex deviates. 

Sentenced sex offenders should go to this 
unit directly from the courts. Deviates who are 
found to be engaging in abnormal activities at other 
institutions, should be transferred here for treatment. 
Under existing laws, it would be possible to transfer 
such persons but it would be impossible to detain them 
for any legnth of time necessary to effect a cure. 
Therefore, the law should be changed to provide for 
trial in a regular court, of anyone charged with a 
sex offence in an institution, just as trial now is 
provided for escapes and certain acts in connection with 
riots in institutions. If found guilty, the person 
would be sent directly to the special unit for treatment 
on the same basis as other sex offenders, except that 
he could not be discharged from custody completely 
until completion of the reaminder of his sentence for 
the original conviction. If found not guilty, he 
would serve out his sentence in the normal manner. 



-318- 



Within the special institution, segregation 
of perverts from the other deviates should be complete. 
For the others, there would appear to "be some hope for 
a cure; for the perverts, on the basis of present 
medical knowledge, there would appear to be no hope. 

With proper safeguards for the rights of the 
individual, the indefinite sentences given sex 
offenders should be of a type that they can be retained 
in the institution until cured. For the sex pervert, 
until further medical advances are made, that period 
might be the remainder of his life. Such a policy 
may appear to be harsh when contrasted with existing 
procedures, but it certainly would be more realistic 
and would afford society the protection it should have. 
And it would be no more harsh than the policy of keeping 
mental-ly sick persons m mental hospitals until they 
can safely be discharged, or of keeping persons suffer- 
ing from tuberculosis in a hospital until the required 
hospital treatment is complete. 

The personnel of this special unit should 
include some whose main function is research. They 
would spearhead the scientific study that is required 
for progress in this field. 



-319- 



Recommendations 

On the basis of the findings outlined above, 
the Committee recommends: 

1. That facilities be provided for detailed study 
of all convicted sex offenders for the guidance 
of magistrates in imposing sentence; 

2. That all sex offenders be given indefinite 
sentences which are not to be terminated until 
curative measures have taken effect. 

3. That a separate close-security unit, adequately 
staffed with trained personnel, be established 
for the treatment of all sentenced sex offenders. 

h. That persons charged with committing sex offences 
in institutions should be tried in a regular 
court, and if found guilty, sent to the special 
unit for treatment on the same basis as other 
sex offfenders. 

5. That an extensive scientific study be undertaken 
immediately into the nature of sex deviation and 
the methods of dealing with it, such study to 
be spearheaded by personnel at the separate unit 
for deviates when established, the first duty 
of the research team to be to advise in detail 
which offences should be considered sex offences 
for the purpose of the above recommendations. 



-320- 

CHAPTER VJI 

PROBATION, PAROLE AND AFTER-CARE 

1. REFORMATION OUTSIDE INSTITUTIONS 

Aside from institutional programs, a huge 
field of reformation is involved in efforts to reform 
offenders outside the institutions. This field can 
be broken down into three parts: probation, parole 
and after-care. If reformation is to be successful, 
aid, guidance and supervision are essential to help 
offenders become rehabilitated to a normal, law- 
abiding life in the community. The whole rehabilita- 
tive process involves the matters outlined in this 
section no less than the programs in institutions. 

The distinction between the three types of 
reformation outside institutions could be summarized 
as follows: 

(a) Probation - This is supervision of an 
offender while he remains at liberty. He is 
placed on probation, in the care of a Probation 
Officer, instead of being sent to an institution, 
He continues to work and live with his family, 
and he is encouraged by the conditions of the 
court and the guidance of the Frobation Officer 
to lead a normal regular life and to confirm 
habits and attitudes that will help him to live 
such a life after the probationary period ends. 



-321- 

(b) Parole - This is supervision of an 
offender while he is at liberty following 
discharge from an institution. VT hen he was 
convicted he was given a definite sentence plus 
an indefinite sentence. At the discretion of the 
Ontario Board of Parole, he may be discharged at 
the termination of the definite sentence and be 
placed on parole, under supervision of a Parole 
Officer, for the duration of the indefinite 
sentence . 

(c) After-care - This is assistance and 
guidance to aid rehabilitation following dis- 
charge from a complete sentence. It can be given 
only when an ex- inmate volunteers to accept it. 
It can apply either to those who served their 
entire sentences in institutions, with no early 
discharge for parole, it can also be granted to 
those who have been released on parole. This 
work is done by what the Department of Reform 
Institutions calls "rehabilitation officers". 

Probation is the present responsibility of 
the Department of the Attorney-General. Parole and 
After-care are the responsibilities of the Department 
of Reform Institutions. 

An adjunct of probation that is important to 
itself and also to institutional programs is the pre- 
sentence report, a detailed summary of a probation 
officer 1 s findings on an individual offender that is 
used by the court for guidance in pronouncing sentence, 



-322- 



Until last December there was practically no 
liaison between probation and parole services. A 
system was introduced then by which reports of pro- 
bation officers were sent to the Department of Reform 
Institutions so that, for the first time, they could be 
fully utilized in institutional and parole programs. 

Parole is handled by the Ontario Board of 
Parole, a body that operates independently although it 
is part of the Department of Reform Institutions for 
administrative purposes. Supervision of parolees is 
carried on by officers of the Department of Reform 
Institutions whose responsibilities embrace both 
parole and after-care. Their full title is "parole and 
rehabilitation officers". 

The existence and operation of probation, 
parole and after-care are reflections of the enlightened 
concept, developing gradually in modern society, that 
mere punishment is not always the best way of dealing 
with offenders. For certain offenders, the end of 
reformation -- and of protecting society against 
repeated crimes by them in future -- can best be served 
by emphasizing reformative and rehabilitative efforts 
rather than punishment. Probation should be used, and 
in the main is used, only for those who appear to be 
definitely ref ormable , preferably first offenders, and 
who deserve a full opportunity to prove that they can 
become good citizens. Parole and rehabilitation should 
be used in a similar way, differing in degree, but too 
often thev are not used with such discrimination. 



-323- 



2. PROBATION AND PRE-SENTENCE REPORTS 

(a) Evaluation. Two functions are carried 
out by Probation Officers: supervision of those on 
probation and preparation of pre-sentence reports for 
the guidance of the court in pronouncing sentence. 
The combination of these two functions in the duties of 
a single officer is logical, has been found to work out 
well in practice and undoubtedly v/ill be continued. 
T,T henever probation officers are referred to in this 
Report it is assumed that they will perform both 
functions . 

Pre-sentence reports are essential to a 
system that hopes to provide the maximum possible pro- 
tection to society. They enable the courts to sentence 
according to the nature of the individual as well as 
the nature of the crime , and so enhance the likelihood 
that individual offenders will be given the type of 
treatment that will induce them to reform. Without 
such reports, the courts are placed in the position of 
a doctor who has to prescribe treatment without obtain- 
ing a diagnosis. Because individuals differ, it is not 
realistic to pronounce sentence solely on the basis of 
the crime committed if the long-range aim of protecting 
society is to be followed. An offender's previous 
record of convictions, if any, gives some indication of 
the type of treatment that might be expected to be 
effective, but it is a highly fallible indication in 
many cases, "hat is needed is an investigation of his 



-324- 



home environment, social relations, general background, 
personality, character and other factors that have a 
bearing on the commission of crime. This is the inform- 
ation contained in pre-sentence reports. 

The future of an offender -- whether he will 
live a law-abiding life or not — hinges to a consider- 
able extent on what treatment is prescribed for his 
anti-social action. This is particularly true for 
first and second offenders. The pre-sentence report 
appears to be the most satisfactory means of ensuring 
that the court has all the information necessary to 
make wise and carefully-considered disposition. 

The word "probation" is derived from the 
Latin verb meaning to prove. An offender is 
"probated" by being given a chance to prove himself. 
Thus he is allowed to continue at liberty following 
conviction with the opportunity to prove himself, and 
this involves a set of general and specific conditions 
that he must fulfill and, also, his supervision during 
the probationary period by a probation officer- 

A probation sentence should not be confused 
with mere suspension of sentence* Probation is much 
more than a means by which the offender is saved a 
term in custody. Basically, it is recognition by 
society that for some individuals the end of reformation 
is more important than the end of punishment. Further- 
more, it neither excuses the commission of crime nor 
"lets off" the person who has committed crime. It is a 
method of dealing with offenders that has been proven 



-325- 



to be effective and to be fair both to the offender and 
to society. For such selected offenders, in the main, 
a term in custody would be less effective and less fair 
to all concerned. For some, the conditions of probation 
and the careful supervision impose more hardship than 
would a term in custody. Probation poses a challenge 
and makes it necessary for offenders to help themselves, 
while a term in custody, in essence, not only strips 
them of their liberty but also takes away much of the 
need for their initiative and assumption of responsi- 
bilities. 

A probation sentence saves expense to 
society, because it is much less costly to keep an 
offender on probation than to keep him in custody. He 
continues to earn his living and support his family, 
while if he were in custody he would himself be 
supported by the taxpayers and, in many cases, his 
family would be supported by the taxpayers. As a pro- 
bationer he retains his family ties, his initiative, 
his responsibility and his self-respect. Neither he 
nor the members of his family have to assume the 
stigma that society attaches to a term in a custodial 
institution. 

These facts make it clear that probation has 
a greater potentiality for reformation than has a term 
in custody. There is more chance of inducing an 
offender to live a law-abiding life if the training and 
supervision can be done while he is in society, not 
isolated from it. Right living results largely from 



-326- 



good habits and attitudes, and probation is the ideal 
method for inculcating these things in receptive 
offenders. 

Comparative figures bear out the effective- 
ness of probation as compared to terms in custody. 
Seventy to eighty per cent of those places on probation 
do not again commit crimes, wnile the figure for those 
committed to custody is from 20 to 35 per cent. Even 
the best of custodial systems, according to experience 
here and in other countries, would be hard pressed to 
exceed 50 per cent. 

It is v/orthy of note that Britain, which 
adopted probation in 1907, and has made extensive use 
of it, has seen its annual prison population drop from 
135,000 in that year to less than 40,000 now. All 
courts in Britain have probation facilities, and one 
of every two convicted persons is placed on probation. 
While it would be an over-simplification to give 
probation the full credit for the reduction in prison 
population, there is no doubt that it has been a major 
factor. In the corresponding period in Ontario, with- 
out extensive probation, the number committed has 
risen at a sharper rate than the population growth so 
that it now is not much less than Britain's total, 
although Britain has ten times the population. 

The number who served time for their 

offences in Ontario in 1952-53 amounted to one of 

every 175 per population. 



-327- 



In Britain, the ratio was one of every 
1,259 in the last year for which statistics were 
available, 1950. 

In other words, taking population into con- 
sideration, more than seven times as many persons were 
committed to custody in Ontario. Again, probation is 
not the sole reason for the difference but it is a 
major factor. 

It is clear that probation is not a suitable 
type of sentence for all offenders. It is suitable 
only for those who definitely are reformablo, namely a 
large proportion of first offenders and a much smaller 
proportion of repeaters. Probation should be used with 
discretion if it is to achieve its maximum effectiveness 

(b) Organization and Procedures 
Probation officers in Ontario arc now 
appointed and supervised by the Director of Probation 
Services in the Department of the Attorney-General. 
They are adjuncts of the courts, however, and they are 
directly responsible to the courts in their day-to-day 
operations. 

Due care is taken in steps preliminary to 
their appointments. Standards for qualification are 
based on the prospects of the applicant to become a 
good and effective officer. Those with special training 
in social work and similar fields are given preference 
if other things are equal, but the emphasis is on 
maturity, interest, aptitudes and ability rather than 



-328- 



formal training. This is a sound policy that should be 
continued. 

If the applicant is deemed suitable his 
appointment to a court does not follow automatically. 
The Director of Probation Services, having ascertained 
that a certain court wishes to have a probation officer 
and plans to make full use of his services, takes the 
applicant to meet the magistrate and other senior court 
officers with whom a probation officer would work. If 
these local authorities give their approval to an 
applicant, he is appointed to be their probation 
officer. If they do not give their approval the 
appointment is not made, and the procedure is repeated 
until an acceptable choice is found. In this way there 
is some assurance that the courts will appreciate the 
value of probation services from the start, and use them 
to the best and fullest advantage, without the interfer- 
ence of personal adverse feelings. 

The probation officer works on assignment of 
the court. The usual procedure is for the magistrate, 
after convicting a person on the evidence, to remand him 
for seven days and ask the probation officer to prepare 
a pre-sentence report. To get this report, the officer 
conducts informal interviews with the offender himself, 
members of his family, his associates, his friends, and 
any other persons who may be able to provide enlighten- 
ment as to his personality, character, background and 
any other factors that may have a bearing on the anti- 
social action for which he was convicted. Once he has 



-329- 



gathcred all the data he thinks necessary, the probation 
officer summarizes his findings in a report to the court. 
On the basis of this report the court decides what 
sentence is most likely to be effective. 

If the offender is placed on probation with 
custodial sentence suspended, the probation officer, - 
usually the same one who prepared the pre-sentence 
report — continues investigation into the causes of the 
offender's decision to commit crime. He sees the pro- 
bationer once a week, taking care never to visit him at 
his place of employment. He checks to make sure the 
probationer is abiding by any conditions the court may 
have imposed, and that he is leading a law-abiding life. 
If the pre-sentence report showed that a significant 
cause of the probationer's trouble was association with 
bad company, the court may have told him that one con- 
dition of his being placed on probation was that he must 
discontinue these associations. In all ways the proba- 
tion officer tries to see that his charge fulfills pre- 
scribed conditions, and leads a good and regular life. 

In addition, of course, the officer acts as 
counsellor. This is a vital facet of his work. He 
talks things over with the probationer and strives to 
get to know and understand him well. His function is to 
be an interested friend as well as an officer of the 
court . 

(c) Extent 

The greatest drawback to probation in Ontario 
is that there is not enough of it. Last January there 



-330- 



were 15 probation officers covering trie courts of four 
cities and handling 1,900 probationers. In May, when 
this Committee started its study of probation, there 
were 17 full-time officers in these four cities, and 
also two part-time officers elsewhere. Forty-two of the 
4<3 Judicial districts in Ontario had no probation facil- 
ities. Since that time the members of the Committee 
have repeatedly stated their support of probation, and 
the Committee is pleased to note that the Department of 
the Attorney General 1 s long-standing aim of extending 
probation facilities has been reflected in appointment 
of 20 more officers--an increase that extended probation 
to 20 of the 4& judicial districts. The total of 39 
officers in January supervised 1,900 probationers. At 
that date there were 24 officers who had been on staff 
less than a year, and several who had been on the job 
for less than a month. 

The doubling of the probation staff in the 
past year is a commendable step, although it is unfor- 
tunate it was not done long ago. More new appointments 
should be made to provide probation coverage for all 4$ 
juridical districts. At least 35 more officers are 
needed, bringing the total to 74, to provide minimum 
coverage for the entire province. 

At present many officers, especially in 
Toronto, are over-loaded and consequently are unable to 
carry out the duties with the desirable thoroughness. 
There are 10 officers in Toronto carrying a total case- 
load of 750 in addition to their work in compilation of 



-331' 



pre-sentence reports. At least five more officers are 
necessary to permit adequate service of the probation 
work now required, and several more undoubtedly will 
become necessary as the courts gain more confidence in 
probation and make more use of it. Recently one 
officer in Toronto, in addition to compiling pre- 
sentence reports, was carrying a case-load of 134. In 
effect, he was trying to do the work of three. In 
order for probation to have its maximum success the 
case-load should not exceed 50 at any one time. 

(d) Costs. 

Probation officers are paid adequate 
salaries, ranging up to ^.4,500 plus §120 cost-of- 
living bonus. 

Only other costs arc for a secretary and 
expenses, paid by the province; and rent, if necessary, 
paid by the municipality. The initial expense of 
setting up an office and furnishing it is borne by the 
Province, along with any other furnishings and equip- 
ment costs that may become necessary. 

The following are maximum costs of operation 
for a probation officer p-r day: 

Salary t; -12.00 

Secretary's salary 7.00 

Expense allowance 3.00 

Total $22.00 

These expenses ar^ maximums, not averages. 
It therefore could be assumed that the average total 
cost to taxpayers, including rent and routine additions 



-332- 



to furnishings and equipment, would be about §22.00. 

TT hen a probation officer carries a case-load 

of 50, the following are the costs of probation per day: 
Probation services for 50 offenders §22.00 
Probation services for one offender .44 
For comparative purposes, it should be noted 

here that the average daily net cost of keeping a 



prisoner in a Reformatory or Industrial Farm is §3.77 



and that the net cost of keeping 50 such offenders in 
custody totals §183.50 daily. 

On a daily basis, then, the following is the 
general cost picture for probation as compared to custody 
in an institution: 

For one offender: 

Saving 
Probation Custody Through 

Probation 



For one day: 44 cents $ 3.77 !? 3.33 

For three months: §40.04 §344.19 § 304.15 

For six months: §80. 03 §633.38 § 608.30 

For one vear: §160.60 §1376.76 §1216. 16 



For 50 offenders: 

Saving 
Through 
Probation Custody Probation 



For one day: $ 22.00 $ 188.50 § 166.50 

For three months: §2,007.50 §17,209.50 §15,202.00 

For six months: §4,015.00 §34,419.00 §30,404.00 

For one year: §3,030.00 §53,838.00 §60, 803.00 



-333- 



(The savings noted above must bo regarded as 
potential or long-range, since decreased population in 
an institution does not obviate the costs of maintaining 
and staffing it by these amounts immediately.) 

The above tables show that when a magistrate 
decides to place a man on probation for one year instead 
of sentencing him to a Reformatory or Industrial Farm 
for one year, he saves the taxpayers a potential 
$>1, 216.16. On the basis, when he makes this decision 
for 50 offenders ho saves the taxpayers f.60>$03«00. 

Certain factors modify the cost picture. In 
the first place, only certain offenders can be deemed 
suitable for probation and therefore these savings would 
not be possible for all those who are convicted; and in 
the second place, orobationary periods usually arc 
longer than the term in custody that otherwise could be 
imposed. A probation officer averaging a case-load of 
50 might handle a total of only 70 during a year, while 
a portion of a custodial institution with average inmate 
population of 50 might handle a total of 125 or more 
during a year. 

Even taking these factors into full consider- 
ation, a realistic and most conservative estimate of the 
saving that can be effected by a single probation 
officer would be £30,000 a year over a long-range period. 

Although such savings would not be likely to 
show up immediately, they could very well keep costs 
stable in the face of the rising numbers of offenders. 
It should be pointed out that the figures above do not 



-334- 



take into account the additional savings that accrue 
through probation simply by a bettor rate of reforma- 
tion, and consequently a decrease in recidivism and a 
decrease in the police and court costs of dealing with 
recidivists. In a number of years prebation could be 
a factor in making it possible to close some institu- 
tions or parts of institutions, as has been done in 
Britain. 

The savings would be particularly signifi- 
cant in the n^xt decade in Ontario. The logical 
prospects for increasing numbers of offenders, if the 
present system continues, have been outlined in the 
section of this Report dealing with The Problem. 
There would appear to be two alternatives making such 
provisions: 

(1) To continue the existing system and 
build more institutions to handle more 
inmates, at initial cost of hundreds 
of thousands of dollars, and average 
operating costs cf $3.77 per inmate 
per day; or 

(2) to revise the system, placing stress on 
extension of probation at initial cost 
of about ^700 for setting up each new 
probation office and average operating 
cost of 44 cents per inmate per day. 

It should be obvious that building more in- 
stitutions merely to hold more inmates in the framework 
of the existing system would be futile. This step would 



-335- 



perpetuate the high rate of recidivism. The cost to 
taxpayers, with nothing effective done to stop the 
increasing crime ratio, would continue to rise. If more 
institutions are to be built they should be designed to 
provide long-range benefits to society, and more insti- 
tutions like the ones we have now would not bring 
benefits either in reformation or in finance. 

It is clear, in the interests of protection 
of society, of reformation and of economy, that there 
should be no hesitation about which of the two alterna- 
tives should be followed. Probation services should be 
extended to the practical limit with all practical 
speed. 

3. PAROLE 
(a) Establishment. 

The Ontario Board of Parole was established 
in 1916 under enabling legislation passed in 1902 by the 
Federal Government. Since that time there has always 
been a Parole Board in this province, consisting at 
various times of five, six and seven members. 

In 1946, under the Revised Statutes of 
Ontario, the board membership was set at a maximum of 
six, with three to be a quorum. An amendment to the 
Parole Act in 1952 raised the maximum membership to 
nine, and provided for the appointment of a Chief Parole 
and Rehabilitation Officer. 



-336- 



Until May of 1953, the Board Chairman also 
acted as Chief Parole and Rehabilitation Officer. At 
that time he was replaced on the latter post by an 
official of the Department of Reform Institutions who 
was not a member of the Parole Board. 

Until the Spring of 1953, the Parold Board 
had a full membership of nine. One member then resigned 
and has not been replaced, and the resignation of 
another member was placed in the hnnds of the Minister 
last fall. Currently the Parole Board is in an 
unsettled state, both in regard to appointments to fill 
these vacancies, and in regard to other appointments. 

Provision is made in the Act for payment of 
salaries to the Board Chairman, the Secretary and the 
Parole and rehabilitation Officers. Members of the 
Board are entitled to reasonable and necessary travelling 
and living expenses while absent from home on Board 
business as certified by the Chairman. 

The Chairman has been classified in a salary 
range of $3,750 to $4,300. For the fiscal year ending 
March 31, 1953, Board salaries, including those to 
Parole and Rehabilitation Officers, totalled $34,517.07; 
allowances and expenses, ".10,077.55; exoonscs of return- 
ing parole violators to prison, etc., '",221.33; travelling 
expenses, $4,176.34; maintenance, 52,495.93. 

There is onj woman member on the Board. 
Other members are a former Salvation Army official, a 
former detective, a minister and a lawyer, all of Toronto; 
and a minister from Ottawa, The Chairman has been a 
retired minister. 



-337- 



(b) Operation. 

The Board visits five Ontario institutions: 
Burwash Industrial Farm, Andrew Mercer Reformatory for 
Women; and Kimico, Brampton and Guelph Reformatories. 
Every institution is visited once a month. 

The Board sets aside two days a month for 
Guelph, but a day and a half usually suffices. About 
the same time is spent at Burwash. Half a day is 
sufficient for hearings at Mercer, half a day at Mimico, 
and a day at Brampton. 

During the Calendar year ending December 31, 
1953, the Board heard 1,405 applications for parole from 
men and 125 from women. Parole was granted to 693 men 
and 31 women. The Board holds about 60 hearings a year. 

The Board reports to the Minister once a year. 
Periodic reports arc sent to the Chief Parole and Rehab- 
ilitation Officer and the Minister is provided with the 
minutes of every Board meeting. Superintendents get only 
the minutes of meetings hold in their institutions. 
Decisions of the Board are final as far as the Department 
of Peform Institutions is concerned. Appeals can be made 
only to the Dominion Minister of Justice. 

Until April, 1952, the Board had the power to 
make regulations for its own guidance. These regulations 
were subject to the approval of the Licutenant-Governor- 
in-Council. At that time, however, an amendment to the 
Parole Act provided that the Lieutenant-Go vornor-in- 
council could make regulations defining the duties, 
powers and responsibilities of the Board, the Chief 



-333- 



Farole and Rehabilitation Officer, Parole and Rehabili- 
tation Officers and the Secretary of the Board. TT hile 
the sections of the Act dealing with conditions under 
which parole may be granted have to be approved by the 
Minister of Justice, ordinary regulations do not 
require such approval. 

Board members were told over a year ago that 
new regulations were being prepared. The Board had not 
been called into consultation in the drafting, nor had 
its members submitted suggestions to the Minister, when 
the Committee enquired about this matter last fall. 

While the new regulations are pending, the 
Board is operating under regulations laid down in 1946. 
These regulations give the Board full direction and 
control of officers, staff and files, but an amendment 
introduced in 1952 appears to have removed this control 
from the Board and placed it under the Department. 

Parole and Rehabilitation Officers are no 
longer responsible to the Board. They report directly 
to the Department. The sole duty of the Board appears 
now to be to decide whether or not a prisoner should 
receive parole. T,T hcre they have granted parole, the 
duty of supervising that prisoner becomes the responsi- 
bility of the Chief Farole Officer. 

If a man breaks his parole, the parole 
officer h~s authority to take him into custody, have 
him returned to custody, and report the facts to the 
Chief Farole Officer who, in turn, reports it to the 
Board. 



-339- 



Every inmate, regardless of his previous 
record, who is under what is known as a "parole 
sentenee n --part definite and part inde terminate- - 

appears before the Parole Board. This is an automatic 
procedure . 

The regulations require that the Board shall 
periodically visit each of the places where prisoners 
are confined; that a prisoner may be brought before the 
Board at a time determined by the Board; and that the 
Board may meet from time to time to consider their work 
and to give general or other directions as may be deemed 
advisable . 

T ' T hen considering granting parole, the Board 
is to have before them, where possible, reports outlin- 
ing particulars of the trial and conviction, the 
sentence, a report from the trial judge or magistrate; 
his record; a report from the Chief Parole Officer; a 
report from any person who may have reliable information 
concerning the prisoner and his pro-prison environment; 
the superintendent's re.port and any other statements 
which may give an indication of his character, 
abilities and prospects. 

As soon as a person receives a parole 
sentence and goes into an institution, a file is started 
for him in the Farolc office. A report ^ocs to head 
office and then to the Parole Board officials, giving 
details of the sentence. The Board endeavours to see 
the prisoner two to three months before the end of his 
definite sentence. 



-340- 



TT hen an inmate appears, the Board has a 
report from the superintendent as to his conduct and 
industry. It is not a recommendation for parole, but 
in practice it appears to be accorded considerable 
weight. If it is adverse, the prisoner is most 
unlikely to be paroled. 

The magistrate's report sets out the details 
of the crime and any other information the magistrate 
may have at hand. Further reports come from such 
sources as lawyers, clergymen and the police. All 
these reports are read by the Secretary before the 
prisoner presents himself, a procedure which takes 
about two minutes. It is estimated the Board spends 
about ten minutes on each case, including the interview 
with the prisoner. 

The Farole Board receives a copy of daily 
information from each institution, including a statement 
of inmates' misconduct. This goes to the Board office 
and is tabulated on the inmate's file so that all avail- 
able information of this nature can be ascertained 
readily during parole hearings. 

In addition to the above reports, the Board 
receives a report by the Farole and rehabilitation 
Officer who would be responsible for the parolee, and a 
psychological report. 

Usually the Board only sees a man once, 
unless his application is deferred or is rejected 
subject to review later. Interview procedure is 
informal. The Board members sit around a table. The 



•341- 



applicant is brought into the room and stands before 
them while they ask questions. 

Once a prisoner is granted parole he is 
removed from the jurisdiction of the Board and is the 
responsibility of the Chief Parole and rehabilitation 
Officer, who is not responsible to the Board. Only in 
the case of parole violaters does the Board's respon- 
sibility resume, due to the regulation which provides 
that no proceedings against a person who fails to 
observe the conditions of his parole shall be taken 
without the direction of the Board. 

(c) Evaluation. 

The task of the Parole Board is a difficult 
and complicated one. The Board has in its hands the 
power to grant freedom or deny it--a most important 
power that imposes grave responsibilities. The 
decisions of the Board must be just and must be based 
on a wide range of factors, carefully weighed and con- 
sidered. Its decisions affect not only the inmates, 
but also their families and their communities. 

In the face of such heavy responsibility, 
the Committee regrets to find that the present Board 
is lacking in leadership, in careful and analytical 
procedure, and in policy. Its entire operation appears 
to be haphazard. 

The Board's dealings with those convicted of 
certain serious crimes, such as sex offences, appear to 



-3^2- 



be mainly the result of improvisation without the 
guidance of any agreed-on policy. Studies on parole 
procedures elsewhere would provide a logical back- 
ground for establishment of policies by the Ontario 
Board, but these studies are taken into account only by 
any individual members who may be interested. 

An example of inadequate care in this regard 
is provided by the following excerpt from the Committee's 
proceedings. The Chairman of the Parole Board, testify- 
ing last June, said: 

"The sex offenders, the arsonists of the 
first and second classes, and the 'dope' addicts-- 
their conduct and industry may be all right , but we would 
not think of letting them out even if the Superintendent 
gave a good report. They are the classes we absolutely 
refuse to let out. T; 'e have a debt to society and we 
know it . " 

The Committee learned later that 30 sex 
offenders, some of them convicted of particularly dis- 
gusting crimes, had been granted parole during the 
preceding eight months. A Committee member stated this 
fact in a public hearing of the Committee. 

At a subsequent hearing, the Chairman of the 
Parole Board said he had meant sex perverts when he 
referred to sex offenders. He said there was no ruling 
to the effect that sex perverts and pyromaniacs would 
not be granted parole, but Board members would be 
extremely reluctant to grant it. One Board member 
produced statistics showing the parole possibilities 



-3*3- 

of these and other types of offenders, but other 
members demonstrated a lack of full knowledge of the 
factors involved. 

In order to discharge its responsibilities 
in the most able manner possible, the Parole Board- 
should study the findings of other jurisdictions, as 
well as its own records, and establish a general 
policy as a basis for carrying out its duties. 

The consideration given individual cases is 
far out of proportion with their importance. To make 
a decision that is the most vital thing in the life of 
the inmate and the lives of those in his family for 
the ensuing months, the Parole Board gathers written 
data and conducts a brief, rambling interview. On the 
average it takes two minutes for the Secretary to read 
the reports, eight minutes for the interview and de- 
cision, so that total time devoted to each individual 
averages 10 minutes. 

While the applicant stands, usually ill at 
ease and straining under the tension, the Board members 
ask a number of questions in a manner that is often not 
conducive to finding out the true facts. For example, 
an insight into an inmate's motivation and sincerity 
cannot be obtained by a question such as: "If we grant 
you parole, will you really try to change your ways and 
lead a good life?" This question — which was asked at a 
regular hearing in the Committee's presence--is a 
leading one to which any inmate who wants parole could 
give only one answer. The Board has not established a 



-3W- 



regular set of questions with the weight of the answers 
established in regard to the advisability of granting 
parole. After the questions have been asked and the 
reports on the individual studied, the Board decides 
whether or not parole shall be granted in a way that is 
anything but scientific. 

A parole decision involves many intangible 
human factors that cannot be measured by a pre-determined 
yardstick. But it also involves factors for which 
scientific guidance is available. The Board should use 
all such guidance as a basis for setting up an interview 
form, with a number of weighted questions to ensure that 
decisions are consistent with the best parole practices. 
To increase the likelihood of a satisfactory interview, 
the Board should make more effort to ease the tension 
and make the inmate comfortable. The interview itself 
should be more thorough, delving into the individual's 
background, attitudes and future prospects. This 
cannot be done in 10 minutes. It is doubtful if it can 
be done in a single interview. 

The procedures of the Parole Board suffered 
enormously by comparison with procedures at the 
Reception-Guidance Centre at Elmira, N.Y. At that 
centre a group of experts spent up to 50 minutes of 
discussion on each case, in addition, each expert's 
having studied the applicant over a period of 6 weeks, 
in the Committee's presence, to determine to which 
institution inmates should be sent to serve their 
sentences. The task of the Parole Board is as important, 



-345- 

in its own way, as the task of classification, and it 
requires much fuller consideration and much greater 
skill, understanding, and leadership than have been 
exhibited by the present Board. 

The fault does not lie entirely in the 
practices of the Farole Board. It lies also in the 
lack of detailed information reported to the Board. 
If a fair and considered decision is to be arrived at 
consistently, a full psychological report is indis- 
pensable, and hearing and discussion of this report 
alone should take much more than 10 minutes. Reports 
on the inmate's general background should be detailed 
after the fashion of a pre-sentence report. Until 
last December, pre-sentence reports prepared by pro- 
bation officers were not made available to the Parole 
Board--a situation that showed lack of cohesion 
between probation and parole services in the common 
interest of reformation. 

The Board should not be required to work 
under regulations that its members know are out-dated 
and arc being replaced. Such a situation inevitably 
causes confusion. Although it does not excuse the 
present Board for its lack of policy, it constitutes an 
unnecessary obstacle to formulation of policy. 

A single parole hearing is insufficient to 
ensure a well-informed, carefully-weighed decision. 
The Board should interview each inmate progressively 
after commitment in order to become familiar with all 
the details of the case. 



-3^6- 



The decision of whether a person shall become 
eligible for parole at all is made by the court when 
pronouncing sentence. If the court orders a definite 
sentence with no indefinite term, parole cannot be con- 
sidered. There is evidence that the courts do not 
always take all factors into consideration when deciding 
on the type of sentence — in fact, without pre-sentence 
reports they are in no position to do so--but the court 
decision nevertheless is final. If the court states 
that an inmate is to have definite-plus-indefinite 
sentence, he should be considered objectively for 
parole. The Board apparently has taken upon itself, on 
occasion, the duty of correcting what it felt to be a 
mistake in judgment on the part of the court. This it 
has no right to do. Applications for parole should be 
considered strictly on their merits, without reference 
to the severity or leniency of the original sentences. 

The superintendent's report on conduct and 
industry is important, but it should not be over- 
emphasized. Undue emphasis probably is natural so long 
as some of the other data is sketchy, but every effort 
should be made to place the superintendent's report in 
proper perspective as exactly what it purports to be, 
and no more, namely a summary of the inmate's behaviour 
in the institution. 

The Committee believes that judicious con- 
sideration of parole can effect great financial savings 
and earlier and surer redemption of human beings, 
whereas delayed parole can cause inmates to become 
embittered. 



-347- 



Parole is too big and too important a job to 
be entrusted to a part-time unpaid Board, regardless of 
the capabilities of some of the members. It should be 
handled by a full-time civil service body to be com- 
prised of not more than five persons, paid salaries 
commensurate with the responsibilities involved and the 
abilities required. In making appointments to the 
Board, due recognition should be accorded the fact that 
it must deal with both male and female inmates. Only 
persons with the necessary high qualifications should be 
appointed to the Board. 

(d) Advisory Board. 

For Juveniles, discharge on a basis that is 
tantamount to parole is directed by a voluntary Advisory 
Board. This Board decides when juveniles, all of whom 
are sent to Ontario Training Schools for indefinite 
periods, should be released, and the juveniles continue 
to be wards of the school until they are 1$. 

The public service rendered by the members 
of the Advisory Board is commendable, and they have 
made a conscientious and valuable contribution to wise 
and humanitarian dealings with juvenile delinquents. 
But because of the fact th=it it is b ascd in Toronto and 
its members do not see the juveniles for whom they make 
decisions, the Advisory Board is not able to perform 
its function in the most desirable manner. In addition, 
the Committee believes that the proper body to decide 



-348- 

on releases from all Provincial institutions, including 
Training Schools, is the Farole Board. Therefore the 
Advisory Board should be disbanded and its functions 
assumad by the re-constituted Farole Board. 



-349- 

AFTER-CARE 

(a) The Second Punishment 

It has often been said that the punishment 
of an offender really begins after his discharge 
from an institution. To a considerable extent this 
is true. It is not a valid statement as applied to 
a confirmed recidivist who has no desire to reform 
but instead returns to his old friends and his old 
habits; but it certainly is valid as applied to an 
ex-inmate who wants to reform. He has been stig- 
matized by a term in custody. His record hinders 
his efforts to get a job, causes disappointment and 
embarrassment in ordinary family and social relation 
ships and generally jeopardizes his normal place in 
the community. Often he has little money on dis- 
charge, and faces an immediate financial crisis. 

In such a setting it is all too easy for 
a well-intentioned dischargee to become disillusioned. 
If the hiatus between discharge and employment 
stretches into days and weeks and perhaps months, 
the temptation to return to crime becomes brave. 
If he succumbs to temptation in this critical period 
all the reformative efforts spent on him during his 
term in custody are lost. The whole reformative 
program of our institutions is designed to help the 
offender make a satisfactory re-adjustment in free 
society after his discharge. The success or failure 
of this program hinges largely on the period immedi- 
ately after discharge. If it succeeds, society regains 



-350- 



a useful and productive citizen; if it fails, society 
suffers a sharp loss in human values and in dollars 
and cents. 

Therefore, for both humanitarian and 
economic reasons it is incumbent upon society to 
provide some form of after-care in its own interests 
as well as those of the dischargee and his family. 

At present, after-care is carried out mainly 
in three ways: through the Parole and Rehabilitation 
Officers of the Department of Reform Institutions, 
through private agencies such as the John Howard 
Society, the Elizabeth Fry Society and the Salvation 
Army, and through the individual interest and efforts 
of private individuals, 

In the final analysis the power of reform 
lies in the community in which the inmate lives. The 
strong-willed can achieve reformation despite the 
hostility of the community, but many others cannot 
overcome such hostility. 

In consideration of after-care, as in con- 
sideration of other aspects of the reformative process, 
a distinction must be made between the reformables 
and the non-reformables. Those who are genuinely 
anxious to reform should be accorded every oppor- 
tunity to carry out their aim; but those who have 
demonstrated time and again that they cannot and do 
not wish to reform, have thereby demonstrated that 
they are not worthy of trust and assistance. 



-351- 

(by The Role of Parole and Rehabilitation 
Officers 

These officers, as has been pointed out 
previously, have a name that is not entirely ac- 
curate. it -would oe more exact to call them Parole 
and After-Care Officers, for the true meaning of 
rehabilitation embraces many aspects of the reforma- 
tive process. They serve both those releasees on 
parole and on request, those released uncondition- 
ally following completion of definite sentences. 

Once a prisoner is released on parole, he 
becomes the responsibility of the Chief Parole and 
Rehabilitation Officer. 

The first condition of his parole is that 
he shall, on the first day of every month, until his 
final release, forward by mail to the Chief Farole 
Officer, a report on himseli , stating whether he has 
been constantly at work during the last month, and 
if not, why not; how much he has earned and how 
much expended; and making a general statement as 
to his surroundings and prospects. 

he is also required to report in person to 
a local police officer immediately upon his release 
on parole , and to make subsequent reports in person 
between the 15th and the 20th of each month until 
the completion of his parole. 

Durin the period from January 1, 1953, to 
December 1, 1953, the total placed on p. role was 
1,035. Of 971 men granted parole, 651 completed the 



-352- 

parole . During the same period 64 women were granted 
parole and 47 of these completed the parole. 

Under the present system, inmates are ad- 
vised on admission to an institution that the ser- 
vices of a Rehabilitation Officer are available 
and that they may arrange to see him. The officer's 
duty is to help, by any means that seem adviseable , 
all inmates who request his assistance. His most 
basic function is to try to arrange for jobs after 
discharge . 

Aside from the services of the nehabilita- 
tion Officer, the main way by which the institution 
helps dischargees is a cash gratuity amounting to 
4j>2 per month of the sentence up to a maximum of ,20 
per individual. Civilian clothing is supplied on 
occasion, but many dischargees refuse to wear any- 
thing that reminds them so constantly of their 
term in custody. 

One of the chief difficulties of Rehabili- 
tation Officers is lack of appreciation of their 
services. This is natural to some extent, since 
many inmates are independent by nature and prefer 
to make their own way after discharge without as- 
sistance from anyone associated with the institution. 
Many recidivists scorn the officer's services be- 
cause they do not intend to become law-abiding 
citizens after discharge. Other recidivists com- 
plicate the officer's task by making insincere 
requests for assistance. 



-353- 

In view of the sound judgment and personal 
qualities required of a Rehabilitation Officer, it 
is surprising to learn that they receive no formal 
training and, in many cases, very little informal 
training. There is no established policy for send- 
ing newly-appointed officers a booklet of instruc- 
tions and suggestions. A brief interview with the 
Chief farole and Rehabilitation Officer has some- 
times been the only preparation given a new officer 
for guidance in carrying out his duties. 

Geography poses further complications. 
In Northern Untario, especially, Rehabilitation Of- 
ficers are responsible for immense areas, hs v^ell 
as dealing with inmates in institutions in that 
area, they are expected to provide guidance and as- 
sistance for those who come to the area after dis- 
charge from institutions elsewhere. Liaison between 
officers involves a certain amount of red tape that 
detracts from the likelihood of smooth and success- 
ful operation. Officers must contact the Chief 
Rehabilitation Officer in Toronto before seeking 
to enlist the co-operation of an officer in a nearby 
or adjacent area. Since time is so often of the 
essence, this procedure can lead to unfortunate 
delays. 

Within institutions there is insufficient 
encouragement for inmates to obtain the help of 
Rehabilitation Officers. Although they are told 
such assistance is available when they are admitted, 



-354- 

there is a lack of follow-up. The result is that 
many who might have benefitted from the officer's 
services do not seek him out. 

The officer endeavours to interview inmates 
in advance of discharge, either on parole or at 
expiry of sentence. In practice this interview is 
generally a month before release, and sometimes much 
less. The chief purpose of the interview is to 
determine if the prisoner will need assistance when 
released, and just how the officer can provide this 
assistance . 

Some efforts are made at the institutions 
to commence rehabilitation of prisoners soon after 
they reach the institutions, but the officer's part 
in this process too often is a last-minute attempt. 
The rehabilitation program looks adequate on paper, 
but too seldom is effective in practice. 

The initial rehabilitative process begins 
with the taking of a case history, ^t Burwash and 
Guelph Reformatories, where the services of a 
psychologist are available, these are used in 
gathering the case histories. From these histories 
and the results of a series of tests, an attempt is 
made to determine accurately the extent to which 
the prisoner needs rehabilitation and the best method 
of bringing it about. 

The tests are interpreted to the inmate 
while he is at the institution. .it an allocation 
meeting, the case histories and tests are discussed 



-355- 

by senior officials of the institution and, within 
the limitations of the institution's facilities, 
the inmates are assigned to the duties that seem 
most suitable. These may involve trade training 
or work in one of the available industries. 

If en inmate is in need of financial as- 
sistance on discharge, the Rehabilitation Officer 
may advance certain sums of money to tide him over 
until he is earning again. These advances are made 
as loans. In addition to the loans made by officers 
at the institutions, money and such things as work- 
men's tools can be advanced by officers stationed 
at Head Office, if it appears such assistance is 
justified. 

The Department is spending about 4-1,500 a 
month in advances. More than half of this is never 
repaid. 

Quite a number of those who are helped 
financially are in the derelict group. They pose 
recurring problems for the Rehabilitation Officers, 
especially the officers at Head Office. Much of the 
assistance to this group is through free meals and 
the Department has a standing agreement with a 
Toronto restaurant for this purpose. Some of the 
recidivists abuse even the minor privilege of free 
food, and have been refused service by the restaurant 

(c) The Role of Private Agencies 

The Department makes annual grants to three 



-356- 

organizations which assist in rehabilitation work. 
In the last fiscal year these were the Salvation 
Army, ^15,000; tJohn Howard Society, .^10,000; 
Elizabeth Fry Society, v l,000. 

nelpful and constructive service is provided 
by private agencies assisting discharged persons. 
But rehabilitation basically is the responsibility 
of the Department of Reform Institutions, which 
bears the brunt of criticism for failures of after- 
care efforts, and vjhich has to admit those who again 
offend against the law. Private agencies play a 
valuable role in after-care services and in educating 
the general public to its responsibilites. They 
certainly should be encouraged in every practical 
way, but they should continue to be, in effect, 
supplementary to the Department! 

however, the Committee does not approve of 
the action of the Department in appointing a Rehab- 
ilitation Officer, paid by the Department, to work 
in conjunction with a p-irticuL.r organization such 
as the Elizabeth Fry Society. The principle should 
be retained th«t after-care is primarily the respon- 
sibility of the Department of Reform Institutions 
under the direction of the Rehabilitation Division. 

(d) The Role of the Community 
The attitudes and co-operation of the com- 
munity, as exhibited by private individuals and 
societies, is the most vital factor in effective 



-358- 

after-care. Lasting reformation can only be achieved 
in the community. Yet community co-operation, with 
a number of specific exceptions, is notably lacking. 

It is in the community that the dischargee 
faces the stiffest test of his hopes for reforma- 
tion and rehabilitation, ^e often finds that it 
is next to impossible to get a job or to resume 
normal social relations. The community, and the 
individuals in it, have unintentionally stigmatized 
him. Although they may subscribe in theory to the 
high ideals of reformation, they are hesitant to 
carry out the ideals in any personal relations they 
may have with a dischargee , either in connection with 
obtaining a job or in normal social affairs. They 
do not distinguish between the confirmed repeater 
and the offender who regrets his previous actions 
and sincerely wants to start life anew. 

Greater results could be obtained if those 
who have not offended against the law would take a 
personal interest in reformation of offenders in- 
stead of tending to shun and distrust them without 
regard to individual characteristics and potenti- 
alities. 

Municipalities, whether large or small, 
should be encouraged to set up volunteer organizations 
to devote their efforts to assisting rehabilitation 
of those who have been discharged from custody. 

Church organizations could perform a valu- 
able service in the true spirit of their religion by 



-359- 

taking on active interest in aitor-care. They 
could to a great .r degree visit individual offenders 
while incarcerated, ^nd provide practical assis- 
tance to thuse who sincerely desire rehabilitation. 
Such efforts, of course, wou>ld have to be carefully 
planned in order to be effective. Personal dealings 
with inmates and dischargees must n^vur be handled 
in a condescending manner* 

(e) The Need for Expanded nfter-care. 

The importance of after-care in the all- 
over aim of the protection of society cannot be 
over emphasized, ^fter-care deficiencies can render 
ineffective all institutional efforts at reformation. 

Although after-c.re is basically the respon- 
sibility of the Department of Reform Institutions, 
it cannot succeed without the active co-operation of 
the general public. The Department is to be commended 
for its establishment of a rehabilitation service, 
recognizing a long-felt need, out it is clear that 
the rehabilitation service has not as yet come close 
to achieving its maximum effectiveness. It is 
equally clear that public appreciation and co-operation 
in regard to after-care is regrettably slight. 

The method of appointing Farole and Rehabili- 
tation Officers should be revised. At present these 
appointments are made by the Department of Reform 
Institutions without prior consultation with the 
Chief Parole and Rehabilitation Officer. The head 



-360- 

of this important branch certainly should be consulted 
in the naming of new officers, and should be given 
as free a hand as possible in the work of building 
up the service. 

New Rehabilitation Officers should be given 
an intensive training course to prepare them for their 
duties. Such a course has been suggested by the 
Chief Parole and Rehabilitation Officer but the 
suggestion was never implemented. 

The Chief Rehabilitation Officer should 
have his duties more exactly defined so that exist- 
ing confusion about responsibilities and duties would 
be eliminated. 

The entire operation of the rehabilitation 
service should be reviewed and improvements made 
that would increase its effectiveness by such means 
as delegating fuller responsibility in some matters 
to the /Rehabilitation Officers, nil officers should 
be full time. When guards are appointed part-time 
Rehabilitation Officers, it is usually found that 
they have insufficient time for thorough after-care 
wo rk . 

In the institutions there should be more 
emphasis on the aid available to inmates after dis- 
charge. Some inmates tola the Committee on their 
discharge day that they knew nothing of the work of 
the Rehabilitation Officer, and contact between in- 
mates and the officer often is so late in the sentence 



-361- 

that effective after-care in the critical period im- 
mediately after discharge is next to impossible. 

After-care services are not sufficiently 
concentrated on the reformables as distinguished 
from the recidivists or non-ref ormables. The Depart - 
ment of Reform Institutions has had discouraging ex- 
periences in after-care efforts on behalf of recidi- 
vists. While recidivists should not be ruled out on 
the after-care program if they are sincere, efforts 
should be concentrated on those who are definitely 
ref ormable , including a large proportion of first 
offenders. For this reforr.iable group, the financial 
aid available should be greater than at present for 
particularly good prospects for reformation. It is 
inevitable that there will be many failures in after- 
care work, but by concentrating facilities on the 
reformables, the proportion of failures should be 
reasonably low. 

The services of Farole and Rehabilitation 
Officers should be extended to cover all jails. 

The amount of money given to inmates on 
discharge is a maximum of #20, plus railway fare 
to the localities from which they came. This pro- 
vision is not made for inmates in jails. The brevity 
of sentences and the heavy turn-over of population 
in jails, makes it impossible to provide exactly 
the same discharge aid as is provided in reforma- 
tories and industrial farms, but consideration should 
be given to at least providing transportation home if 



-362- 

such aid appears to be justified in the interest of 
reformation. In northern jails particularly the 
Committee found that inmates were discharged penni- 
less and hundreds of miles from home . In such a 
situation it is not surprising that many dischargees 
immediately get into trouble again. 

To ease the danger of a return to crime, in 
the critical period immediately after discharge, it 
is recommended elsewhere in this report that dis- 
charges should not be made later in the week than 
Wednesday. Otherwise there can be an interval of 
several days over a weekend before a dischargee can 
obtain money honestly. To further ease the danger of 
this period, a "half-way house" should be estab- 
lished to provide a place where a discharged person 
may have temporary accommodation and food pending 
the securing of employment. 

Private agencies should be encouraged to 
continue their valuable aft^r-care work. 

The Department of Reform Institutions should 
encourage municipalities as well as church groups 
and other organizations to take a more active interest 
in the problems of after-care. This could further 
an educational program that would emphasize the 
desirability of reformation not only in human values, 
but also in untimate savings to taxpayers. 



•363- 



5. ANALYSIS 

The three services of probation, parole 
and after-care differ in many ways. r robation 
deals with persons who have not been sent to 
institutions, while parole and after-care deal with 
persons who have been sent to institutions, uther 
differences are obvious - for example, probation 
involves reformative efforts on a person who is 
likely to be grateful that he was not sentenced to 
custody, and therefore is likely to be receptive 
and co-operative; parole and after-care involve 
working with persons who may be embittered because 
of their imprisonment. in probation and parole 
there is distinct control and supervision, while 
after-care is on a voluntary basis. 

Despite these differences, the three ser- 
vices have a basic similarity in that they deal with 
offenders who are at liberty. As indicated by the 
detailed outlines above, there arc certain defects 
in the operation of all three. Many of these de- 
fects can be traced to faulty administration and 
policy. There is a lack of co-ordinated effort 
by the three services toward their common goal of 
reformation. There is duplication of effort by 
parole and probation officers particularly. The 
work of these services should be based in varying 
degrees on information as to offenders' background, 
motivation, personality and potentialities, and it 



-364- 

is only logical that their findings and experience 
should be pooled. Until last December there ap- 
peared to be no pooling between probation and 
parole, and there is no guarantee that the informal 
co-opjration instituted at that time will continue 
indefinitely to the mutual benefit of both services. 
Measures should be taken to avoid duplica- 
tions of effort and inconsistency of policies ?.mong 
the services of probation, parole and after-care; 
and to insure the greatest possible co-operation. 
The fields of parole and after-care already are 
co-ordinated through the fact that single officers 
perform both duties. The inter-relation of probation 
is not recognized in the existing organization. J-ts 
recognition is necessary for the smoothest possible 
operation of reformative efforts outside institutions, 
The means of recognition should not be the establish- 
ment of a system of officers who handle all three ser- 
vices, for probation officers have sufficient diversi- 
fication of duties now, and so have the parole and 
rehabilitation officers. The skills required for 
the three services - and particularly for probation 
as distinguished from parole ana after-care - are 
specialized skills and it would be most unwise to 
expect one officer to exercise the three functions 
with maximum effectiveness • At present, the gap 
between probation on one hand and parole and after- 
care on the other is confirmed and intensified by the 



-365- 

fact that probation is supervised under thedirection 
of the Attorney General, and Parole and after-care 
are supervised under the direction cf the Minister 
of Reform Institutions. 

In the past the divergence of administrat- 
ion and policy among these services may have been of 
little consequence, but the time has come to reoognize 
the vital importance of reformative work outside 
institutions, and to establish inter-related policies 
and administration in order that the best possible 
results may be obtained in the interest of both the 
offenders who would stand to gain in fuller, more 
constructive new lives, and the taxpayers who would 
stand to gain through the financial savings that 
would be certain ultimately to accrue. 

To attain these ends, the services of 
probation, parole and after-care should be co-ordinat- 
ed ta a single authority. A properly descriptive 
name for this authority would be the Ontario Commission 
of Correction. It should be a semi- judicial body 
responsible to the Minister of Reform Institutions 
for administrative purposes , but free to act independ- 
ently in administration of the affairs of probation, 
parole and after-care. It would be impartial and, of 
course, would be a civil service body. While the 
Commission should absorb the personnel now engaged in 
the work of the three services, the commissioners 
themselves should be persons who are not, and never 
have been, employed in either the Department of the; 
Attorney General, or the Department of Reform 






-366- 

« 
Institutions. Appointments of Commissioners should 

be made with considerable care, with the strict 
requirement that they have the necessary qualific- 
ations to give sound and practical administration. 
The services to be supervised by the Commission are 
both complex and vital and the members *f the Comm- 
ission should be selected on the sole basis of qualif- 
ications and merit. 

The Commission should be composed of five 
members. Once the reception centre, recommended in 
this rep&rt, is established, consideration should be 
given to including the reception centre among the 
responsibilities of the Commission. 

6. Recommendations 

On the basis of the findings outlined abo^e , 
the Committee recommends: 

Commission of Corrections 

1. That a Commission of Corrections be 
set up to co-ordinate the services of probation , parole 
and after-care, such Commission to consist of five 
full-time civil servants. 

2. That such Commission be responsible to 
the Minister of Reform Institutions for administrative 
purposes, but that it be a semi-judicial body , independ- 
ent and free to discharge its duties in an impartial 
manner. 

3. That appointees to the Commission be 
persons not now or previously employed by either the 
Department of Reform Institute oris />r the Department, 
of the Attorney General. 



-367- 

4. That the Commission absorb the three 
services of probation, parole and after-care. 

5. That the Commission establish the maxi- 
mum possible inter-relation in the policies and operat- 
ions of the three services. 

6. That the Commission assume the manage- 
ment and control of the Reception Centre when 
established as recommended in this report. 

Pre-Sentence Reports. 

7. That pre-sentence reports on all 
first offenders and selected repeaters be provided 
the courts for guidance in pronouncing sentence. 

Probation. 
$ . That adequate probation services ba 
provided throughout the Province with all practical 
speed by appointment of at least 35 additional officers. 

9. That all first offenders be consider- 
ed for probation, but that repeaters be placed on pro- 
bation only in exceptional circumstances. 

Parole . 

10. That the Ontario Board of Parole be 
re-constituted as a full-time civil service board of 
£ive persons, appointments to be made with due regard 
to the high qualifications necessary and to the fact 
that both male and female offenders are involved. 

11. That the Parole Board interview 
progressively inmates who will become eligible for 



-368- 

parole during their definite sentences so that 
decisions will be based on the fullest possible know- 
ledge of individual cases. 

12. That the Parole Board be supplied with 
more detailed information about applicants, including 
full psychological reports. 

13. That the Parole Board establish general, 
policies fur its operation based on scientific studies 
of parole practices and potentialities. 

14. That the Parole Board develop a weighted 
interview system and make more effort to place inter- 
viewees at ease. 

15 • That the cases of all parole applicants 
be considered strictly according to their merits re- 
gardless of the severity or leniency of the sentence. 

16. That new regulations be put into effect 
immediately to lessen uncertainty and confusion »f 
Board members. 

17. That the Advisory Board for juveniles 
be disbanded and its functions assumed by the Parole 
Beard. 

After-Care. 

1$. That the name of the service now known 
as "rehabilitation" be changed so that it shall be 
known as" after-care . " 

19. That after-care servicesbe intensified 
on first offenders and others who appear tc be partic- 
ularly good prospects for reformation . 



-369- 

20. That Parole and rehabilitation offic- 
ers be given an intensive training course before assum- 
ing their duties. 

21. That after-care facilities be extended 
to all custodial institutions under Provincial control 
including jails. 

22. That all parole and rehabilitation 
officers be on a full-time basis. 

23. That transportation provisions be made 
in deserving cases for those released from custody 
lang distances from the place from which they came. 

24. That the maximum $ 20 gratuity on dis- 
charge be granted through the parole and rehabilitat- 
ion officers, to be given out in credits for food and 
clothing if such methods are considered desirable, 

25. That a Half -Way house be established 
through existing agencies in large centers of populat- 
ion to ease the critical period between discharge and 
the finding of employment. 

26. That the Department of Reform Institut- 
ions give every encouragement to municipalities and 
organizations in order to promote successful after- 
care . 



-370- 



CHAPTER VIII 

FIRST OFFENDERS 

In the fiscal year ending March 31, 1953, 
a total of 15,596 persons were committed to jails in 
Ontario for the first time. This was about one third 
of all persons committed during the year. Supporting 
evidence indicates the proportion of first offenders 
actually convicted was- about the same. 

The crime statistics of the future depend 
to a large degree on the treatment of these first 
offenders. If the maximum number of first offenders 
could be reformed each year, the statistics would be 
likely to show a gradual drop over a period of years 
rather than following the upward trend established in 
the past. 

As with the offenders in any other category, 
individual first offenders are not all alike and it 
would not be practical to accord them all the same treat- 
ment. The differences lie in their personalities, 
thgir backgrounds and the extent to which they are con- 
firmed in crime by the time they commit their first adult 
offence. Therefore, all comments and recommendations 



-371- 



concerning first offenders made in this Report are 
intended to be general, taking into account 
individual differences. But the conclusion is 
inescapable that most first offenders are better 
prospects for reformation than repeaters, and con- 
sequently the greatest of care should be taken to 
ensure their treatment is of a type that is most 
likely to bring about reformation. 

No change would be desirable, of course, 
in the method of trying first offenders. They are 
tried and either acquitted or convicted on the basis 
of the evidence alone. But, once convicted, a 
detailed pre-sentence report is indispensable in guid- 
ing the court to a decision on what the sentence should 
be. The use of pre-sentence reports should be 
extended so that one will be prepared for every con- 
victed first offender. These reports are prepared 
by probation officers in areas where such officers have 
been appointed, but there are still areas without pro- 
bation officers, as well as other areas where probation 
officers have to carry too heavy a case load and are 
unable to perform their duties with the desirable 
thoroughness. 

Methods of dealing with convicted first 
offenders were studied carefully by the Committee. 



-372- 



There is no doubt that, generally speaking, a term 
in custody is not as likely to lead to reformation 
of first offenders as is a term on probation. (This 
matter is discussed in greater detail in the section 
of this Report dealing with Probation. ) Exceptions 
to the general rule would include drug addicts, sex 
deviates and alcoholics. Another group of first 
offenders who might not be suitable for probation 
would be those with lengthy and serious juvenile 
records. The subject of juvenile records is a delicate 
one, and the Committee is convinced that there have been 
instances where their use has been abused. Essentially 
they are confidential in nature, and their only valid 
use in connection with a court case is after conviction 
when some mention can be made of them in pre-sentence 
reports, along with many other factors, for the guidance 
of the court in determining sentence. 

The sentence and treatment of first 
offenders is a factor in whether an individual's first 
offence will open or close the door to a criminal career 
and, consequently, whether or not society will be 
plagued with continued law- breaking and recurrent costs 
of incarceration. 

Once the first offender or any other 
offender has finished his sentence he has paid his deb* 



-373- 



to society, in theory. But in practice, it often 
is only the first instalment of his debt. Whether 
he has had one conviction or 20, he is stigmatized 
in the eyes of society for the rest of his life. 
The public goes to the expense of helping him to reform 
and then bars him from some of the actions any free man 
should be able to take. Even if his only offence was 
a minor one 25 years ago, the one-time offender finds 
that his record can disqualify him from certain types 
of employment, and from crossing the border. For 
society to permit this situation to continue would be 
neither fair nor realistic. For these reasons, the 
Committee recommends elsewhere in this Report that the 
Dominion Government should give consideration to 
expunging the records of first offenders who have 
clearly demonstrated over a period of years that they 
are intent on leading a law-abiding life. 



-374- 



Recommendations 

In accordance with the findings outlined 
above, the Committee recommends: 

1. That pre-sentence reports be prepared 
for the guidance of courts in sentencing 
all first offenders. 

2. That incarceration of first offenders 
be discouraged except where there are 
exceptional circumstances. 

3. That probation be given first con- 
sideration in the sentencing of all first 
offenders. 



-375- 
CHAPTER IX 



RECIDIVISTS AND HABITUAL CRIMINALS 

1. General 

The problem of those who persist in crime is 
perhaps the most basic in the whole field of penology. 
It involves deplorable wastage of human lives and huge 
expenditures of taxpayers 'money . Attempts at 
reformation are aimed mainly at solving this problem 
by trying to induce convicted persons not to return 
to crime after their ralease from custody or supervision 

Recidivists can be divided into two categories. 
There are those who are relatively harmless , such as 
elderly derelicts and habitual drunks, whose effect 
on society is largely that of a nuisance; and there 
are those who are dangerous, including psychopaths, 
who actively endanger the peace and safety of society. 

The proportion of recidivists in the inmate 
population of Ontario custodial institutions runs to 
about 70 percent. Up to 55 percent, have been 
convicted at least three times previously. These 
figures, unfortunately, have changed little in recent 
years. It is clear that the problem is not being 
solved, nor is there evidence of much progress toward 
a solution. 

In the year ending March 31, 1952 • - a fairly 



-376- 



typical year — the criminal history of all those 
committed showed the following: first offenders, 36 
percent.; second offenders, 15 percent.; third offenders, 
11 percent.; and those who have offended four or more 
times, 38 percent. Of those sent to reformatories 
and industrial farms, 20 percent, were first offenders, 
15 percent, second offenders, 10 percent, third offenders, 
and 55 percent, fourth or more. 

The cost to the taxpayers of keeping such 
persons in custody is several million dollars annually. 
The cost over a period of years is staggering. The 
federal commission headed by Mr. Justice Archambault, 
which completed its investigation in 1938 when costs 
were much lower than they are today, made a study of 
188 individual recidivists and found that their total 
costs to the state over the years had been $4,607,090.76 
or $24,453.24 per individual. These costs included 
detection, arrest, trial and incarceration. In 
Ontario, taking into consideration the increased 
costs of administering justice and holding prisoners 
in custody, the Committee estimates there are hundreds 
of persons in our institutions now whose total cost 
to the state has been much more than $24,000 each. 
Many, with records of 20, 30 and 40 convictions, have 
undoubtedly cost more than $50,000 each. To be 



-377- 



realistic, these costs would have to be adjusted 
upward to include the incalculable but tremendous loss 
to society of useful and productive citizens. 

From the humanitarian viewpoint, the cost of 
recidivism is equally high. It is discouraging to 
realize that in this progressive age so many individuals 
spend most of their adult lives in jails. The 
following case histories are examples: 

(a) This man was first convicted in 1938 on charges 
of theft and having concealed weapons. He was 
sentenced to six months definite and three months 
indefinite on each charge, concurrent. 
1939 - shopbreaking and theft (2 charges) - 15 
months definite, three months indefinite. 
1941 - unlawful possession of revolver -- three 
years . 

1944 - theft of auto (2 charges) - 24 months 
less 1 day definite, three months indefinite. 
1947 - theft of auto -- 2 years. 
1947 - break, enter and theft -- 5 years, con- 
secutive to above sentence . 

1952 - Br .Narcotic Drug Act (2 charges) -- 24 
months, less 1 day and $200 fine or additional 
two months consecutive." 



-378- 



It should be noted that the above offender 
has a record that includes serious charges, that here 
has been no interval of any length between the time he 
was released from one sentence and the time he was 
charged again, that he served two terms in penitentiaries 
and that he is now back in a reformatory. 

"(b) This man was first convicted in 1921 as a common 

drunk. And the sentence was an alternative of 

a fine or a jail term of ten days. 

1921 - theft - fine or one month 

1921 - theft - three months 

1921 - theft - twenty days. 

1922 - theft - six months definite, six months 
indefinite . 

1925 - violation of Drug Law - one-half to 

five years. 

1930 - theft - suspended sentence. 

1930 - theft - one month. 

1931 - attempted theft - thirty days. 

1932 - theft - thirty days. 

1932 - theft (shoplifting) - remanded for sentence 

1932 - theft - six months definite, 6 months 

indefinite. 

1934 - theft - thirty days 

1934 - theft - thirty days. 



-379- 

193^ - theft - three months. 
193^ - unlawfully at large - One year. 
1934 - unlawfully at large - two years consecutive 
with above sentence. 

1936 - theft - six months definite, six months 

indefinite . 

1937 - theft - thirty days. 

1939 - theft - four months 

1940 - selling drugs (2 charges) - two years, fined 

$200, or six months additional to each 

charge, consecutive. 
1943 - selling drugs (4 charges) - one year, $200 
fine, i/d three months each charge, 

consecutive . 
1943 - selling drugs (4 charges) - two years, 

fined $200., i/d six additional months, 

each charge, consecutive. 

1945 - theft - four mnnths . 

1946 - breach Narcotic Drug Act - twelve months 

and $200. fine; i/d six months additional. 

1947 - theft - six months. 

1948 - theft - four months. 

1948 - theft - six months. 

1949 - having drugs - two years and $200. fine or 

six months additional. 



-380- 



1952 - 24 months less 1 day, ar!d 

one month, i/d $200. fine. 
This case is somewhat typical of many, showing 
a man who has been convicted repeatedly of minor charges, 
as well as some serious charges, and who has been given 
a series of short sentences with no beneficial effect 
whatever. In thirty-two years, he was convicted on a 
total of thirty-eight charges. 

(c ) This man was first convicted in 1912 for vagrancy, 
and was sentenced to six months. 
1915 - vagrancy - three months definite, twenty- 
one months indefinite. 
1917 - vagrancy - six months less one day. 

1920 - vagrancy - six months. 

1921 - theft - three months definite, twenty- 
one months indefinite . 

1923 - housebreaking and theft - three years. 
1926 - vagrancy and carrying loaded revolver -- 
six months definite and six months indefinite. 
1928 - shopbreaking and theft (2 charges) - five 
years each charge cone. 

1932 - 1. Breaking, entering and theft (2 charges) 
one year each charge cone. 

2. Unlawfully possessing firearms - 
three months, cone. 



-381- 



1934 - vagrancy - three months. 

1935 - 1. breaking, entering and theft by night 
six months . 

2. Possessing housebreaking instruments • 
six months, cone . 

1935 - shopbreaking with intent; possession of 
housebreaking tools - three years each charge, 
cone . 
1941 - vagrancy - one month. 

1943 - vagrancy - four months definite and two 
months indefinite. 

1944 - vagrancy - ten days . 
1948 - vagrancy - ten days. 

1950 - 1. breaking, entering - three months. 

2. vagrancy - ten days, cone. 

1951 - shopbreaking and theft - twenty-four 
months less 1 day definite, twelve months, 
indefinite . 

Here is another case that demonstrates the 
common type of recidivism. The story is much the same 
as in case (b) - a long uninterrupted series of minor 
offences, short sentences, and only a few serious charges 
with longer sentences. 

(d) This man was first convicted in 1948 for 

attempted auto theft, and sentenced to three 
months . 



-382- 

1948 - (six months after first conviction) - 

attempted suicide - six months. 
1950 - theft - three years. 
1952 - attempted robbery - eighteen months. 

Here is a younger man who started six years ago 
with a relatively minor charge , then tried to commit 
suicide, and has since been convicted of two serious 
charges. His record to date has all the earmarks of 
the beginning of a dangerous and costly criminal career 
unless he is reformed, and on the surface the prospects 
for his reformation would appear to be slim. 

Such men as those whose records are listed 
above are allowed to mingle with more reformat) le inmates 
in some of our institutions. The fact that they can 
mingle with "ref ormables " is a hindrance to the 
effectiveness of even the best reformative staff. 
Their very presence complicates efforts at reformation 
by reducing the time that can be spent on the guidance 
and treatment of "reformibles", and they create further 
obstructions by their adverse influence. No body of 
prisoners should be expected to contain both confirmed 
recidivists and the more reformable types of inmate 
if reformation of those who are willing and capable 
of reform is to be accomplished. 

In the non-technical sense, a great many 



-383- 



recidivists — for example, the man with thirty-eight 
convictions in thirty-two years -- certainly qualify 
as habitual criminals. But they seldom come under 
the section of the Criminal Code providing for life 
sentences for habitual criminals. The Code's 
definition requires convictions for three indictable 
offences for which the maximum term of imprisonment 
could be five years or more each before a person may 
be charged as a habitual. 

An indication of the extent to which 
reformatories have to handle inmates who patently are 
most unlikely to reform, is the fact that, on a given 
day (September l8th last) the number of prisoners in 
reformatories and industrial farms, who had previously 
served penitentiary sentences was 286, and the number 
who had previously at least three reformatory sentences 
was 695. These figures did not take into account, 
how many times prisoners may have served sentences 
in common jails. Although the two figures undoubtedly 
overlap, it is clear that well over 700 of the inmates 
in custody on that day -- more than one -quarter of 
the total inmate population -- fell into one, or both, 
of these categories. 

The Committee feels that the definition of 
an habitual criminal in the Criminal Code should be 



-384- 



more realistic, as recommended elsewhere in this Report; 
that persons who have served a previous term in a 
penitentiary, or three or more previous terms in a 
reformatory, have demonstrated their unwillingness to 
reform, and should not be eligible for re-admission to 
a reformatory; and that these prisoners, by their 
records and their demonstrated unwillingness to reform, 
be clearly shown that they deserve much longer sentences 
than most of them now receive. 

It is debatable whether a confirmed recidivist 
should be a charge of the Province at all. But if we 
are to assume that at least some of them will continue 
to be provincial responsibilities, then steps must be 
taken to provide more adequate and proper treatment 
for them. 

2. Derelicts 

For those whose offences are minor, prison 
means a place where room and board are free and treatment 
is good. Many of these have no family ties, no 
permanent home, and have long ago lost any ambition 
to make something of themselves. Consequently, they 
tend to be content to be in a custodial institution, 
despite the loss of their liberty, because they are 
more comfortable when they are there than when they are 
in free society. The returns to the taxpayers from 



-385- 



the productive efforts of this type of inmate while 
in custody are slight, since many of them are elderly 
and in poor physical condition. 

For these derelicts, reform is unlikely. The 
time to reform them was early in their criminal careers, 
before they lost their initiative, their hopefulness 
and their sense of right and wrong. While some of them 
are to be regarded with disgust, others deserve a degree 
of sympathy. In the latter group are veterans who 
commit only minor offences, and who are happier in 
custody than at liberty. 

That anyone should feel -- with some 
justification — that he can live better and more 
comfortably in an institution than a free life is a 
grave reflection on our society. No system of reforma- 
tion and custody can do anything about the general 
situation, but it can and should do two things: ensure 
that derelicts produce as much as possible, thus defraying 
the cost of housing them; and, by means of a full and 
rigorous program, make its institutions more punitive 
and less comfortable, so that those who regard petty 
theft and even incarceration as easy ways of life would 
be more inclined to earn an honest living. 

The problem of derelicts is a difficult and 
complicated on, beset by evidences of the frailties 



-386- 

of human brings and the weaknesses of society. In 
addition to other factors, the cost factor is worthy 
of consideration. Sentences are so short, as a 
rule, that the cost of detecting, arresting and trying 
derelicts is nearly as great as the cost of incarcera- 
ting them. Costs would be reduced considerably if 
confirmed derelicts were given longer sentences rather 
than serving short sentences and then being released 
only to be picked up and convicted again within a 
period of days or weeks. 

The best way of handling this problem would 
be, first, to give derelicts longer sentences; second, 
to segregate them completely from other types of 
inmates; and third, to institute a work program in 
keeping with their physical capabilities that would 
reduce their net cost to society and would also make 
their incarceration less of a holiday. 

3. Criminal psychopath s 

Probably the most dangerous type of inmate 
in any institution is the criminal psychopath, who 
suffers from a definite mental disorder for which there 
appears to be no known cure at the present time. He 
is the person with whom it is an obsession to be anti- 
social. He manifests this obsession while at liberty 
by committing crimes that are carefully planned and 



-387- 



ruthless. His obsession is not necessarily 
reflected in a low mentality or a belligerent 
attitude, for many psychopaths are personable and 
highly intelligent. Once in an institution, they 
demonstrate their obsession by trying to ferment 
discontent, or to undermine respect and confidence in 
the staff. Often they seek to achieve their objectives 
through influencing others of lesser intelligence, and 
they may do so without bringing any blame on themselves. 

To have psychopaths mingle with the general 
inmate population is to ask for trouble. It is estimated 
that about 10 percent, of the inmates in Guelph and 
Burwash are psychopaths . 

Psychopaths certainly should be segregated, 
and they should be required to work hard and long -- 
for them, the o].d concept of "hard labour" should be 
revived. Their sentence should be of sufficient 
duration to benefit free society to a much greater 
degree than is now the case. Scientific research on 
the causes of their obsession and the possibility of 
a cure should be carried on while they are incarcerated. 

4. Recommendations 

On the basis of the findings outlined above, 
the Committee recommends: 

1. That sentences of confirmed recidivists be 



-388- 

long enough to bring real benefit to society. 

2. That persons who have served a previous 
sentence in a penitentiary, or three or more 
sentences in a reformatory, should not be re- 
admitted to a reformatory. 

3. That confirmed derelicts be given longer 
indefinite sentences, segregated completely from 
other inmates, and provided with an extensive 
work program in keeping with their capabilities. 

4. That criminal psychopaths be segregated 
completely from other inmates and be given hard 
labour . 

5. That scientific studies of the causes and 
possible cure of criminal psychopathy be carried 
out in regard to psychopaths while they are in 
custody. 



-339- 
CHAPTER X 

JUVENILES AND ADOLESCENTS 



The Committee has become increasingly con- 
cerned with the question of Juvenile Delinquency, and 
has examined every possible avenue available in order 
to determine its cause and possible cures insofar as this 
is possible. 

Undisputably, many of those now crowding adult 
institutions had their beginnings in offences against 
society some time before reaching their maturity; in 
some cases their criminal b eginnings reach back as far as 
the early school years. While it was impossible for the 
Committee to devote to this particular problem the minute 
studies that it would require for detailed solution , con- 
sideration has been sufficient to indicate the scope of 
the difficulties and to indicate measures that might be 
helpful in alleviating them. 
The Courts . 

Upon the Judges of the Juvenile and Family 
Courts falls the greatest responsibility in dealing with 
children and young people who offend against the law. 
They must hear the evidence, try to assess fairly the 
many factors involved, arid make decisions that will affect 
young offenders for the rest of their lives. Unfortun- 
ately juvenile court judges are overworked and suffer 
particularly from overcrowding of the docket and insuffic- 
iency of court officers to gather information for them. 
They deserve the highest commendation for the excellent 
work they are doing despite the limitations imposed upon 



-390- 



them. They are devoting a great deal of time and eff- 
ort to their tasks with a high degree of sincerity and 
interest of purpose. To supplement their efforts, it is 
only fitting that they should be provided with every 
facility necessary. In addition, their burdens should 
be lightened by the appointment of more juvenile court 
judges. These steps would ensure that every youthful 
offender in the Frovince would be accorded every ounce 
of consideration and invidiual court attention necessary 
to try to effect his development as a useful member of 
society. 

Juvenile Courts are limited to hearing only 
cases of children up to the age of 16. There is a re- 
grettable lack of any special court or procedure for 
dealing with adolescents between the ages of 16 and IB, 
Without interference withthe present operations of the 
Juvenile Courts, their powers should be enlarged to in- 
clude those of an Adolescent Court responsible for dis- 
position of charges against persons 16 to 16 years old. 
Only by such a special court can adolescents be given 
the special consideration which is not only in their own 
best interests, but also, in the best interests of 
society, for the best time for reformation is youth. 

After hearing of all evidence and considering 
background reports, the disposal of a dolescents charged 
would would be acquittal, probation on suspended sentence 
or committal. 

For all first offenders of the adolescent 
stage , committal should be to an industrial school. These 



-391- 



ycung persons should not be required to go to adult 
reformatories and industrial farms, as is now the case, 
because terms there (with the sole exception of Brampton) 
are at least as likely to do them harm as good. They 
constitute a largely neglected class with distinct pro- 
blems for which there should be more determined efforts 
at solution. 

Causes and Corrections 

Parental Delinquency -- Investigations and 
the testimony of expert witnesses leave no doubt that a 
great proportion of juvenile delinquency is due to 
parental delinquency. This is a cause whose correction 
cannot be prescribed or imposed to any degree by a 
government or any other body. Legislation could do 
little, although such moves as the proposal to have 
"emotional neglect" recognized in court will undoubtedly 
have some good effect. What is needed is an awakening 
of public linterest in the causes of juvenile delinquency, 
perhaps through a campaign of public education to impress 
on parents their responsibilities toward their children. 

An examination of some of the factors in 
juvenile and parental delinquency indicates the complex- 
ity of the problem. 

Depression and War -- It is apparent that home 
ties experienced added strain during the depression days 



-392- 



which shattered home independence in many cases. 
When hardships were rampant, efforts to weather these 
difficulties so frustrated parents that they were 
financially unable, to a large extent, to discharge the 
responsibilities of parenthood. 

During the war years, both parents from many 
homes went out to work and home life for their children 
was unsatisfactory. Children were permitted to run at 
large with very little, if any, parental supervision. 
The frequent result was children running the streets, 
forming themselves into gangs and cliques, and eventually 
getting into trouble before the courts. 

Statistics issued by the Dominion Bureau of 
Statistics, in 1943 - one of the war years - show there 
were 10,795 boys and 1,430 girls brought before the 
courts, or a total of 12,225. There was a slight drop 
in 1944 - another war year - when 10,274 boys and 1,280 
girls were brought before the courts, a total of 11,554. 
There has been a slight but steady decline from that time 
until 1952, when only 6,465 boys and 748 girls were brought 
before the courts -- a total of 7,213. This constituted 
a reduction of about five-twelfths of juvenile delinquency 
in the 10-year period from 1943 to 1952 inclusive. 

Housing Shortage -- Another contributing factor 
to delinquency was due to the rapid growth of population, 



-393- 



and the housing shortage; many families were forced 
to eat, live and sleep in one or a few rooms. 

Parental Example -- Parents, in many cases, 
show an utter lack of respect for law and the law- 
enforcement officers, particularly in regard to the 
Highway Traffic Act and the Liquor Control Act. They 
thereby set an example for the children which can have 
no other effect but to instill in their minds a like 
disrespect for law and order, and a resentful attitude 
toward the law-enforcement officers. 

Severed Church Connections — The Severence 
of family church connections is a most serious matter. 
Religious instruction in the family, in the faith which 
the family professes, is so important that even the 
slightest deviation from its rigid adherence, is bound 
to have results detrimental to the younger generation. 
Spiritual guidance of the young, in their formative 
years, inculcates in them a respect for the finer things 
of life, a belief in and devotion to a Divine Being and 
a respect for earthly law and order, which they will 
carry with them through life. In the opinion of the 
Committee, strong church connections can be the greatest 
of all tendencies countering delinquency at every level 
of society. 

Broken Homes -- In many cases, women who have 
been widowed and draw Mothers' Allowance, are not only 



-394- 



permitted, but in some cases forced, to take part-time 
employment, which takes them away for a part of the 
time that should be devoted to care of their family. 
A startling reflection of broken homes is the fact that 
welfare relief of various kinds is paid on behalf of 
homes broken by incarceration of a parent to the total 
of close to one-quarter million dollars. Direct relief 
costs paid by the municipalities is in the neighbourhood 
of $200,000 annually while the Mothers' Allowances Branch 
of the Department of Public Welfare pays out another 
$40,000. 

Deserted Wives -- This problem is most serious 
and has a decided effect on the fullness of home life, 
and consequently on the behaviour of children. At a 
recent session of the Legislature, an amendment to the 
Act was passed whereby the services of the Ontario Pro- 
vincial Police were made available in an endeavour to 
locate deserting husbands of women who were drawing a 
Mothers' Allowance following the desertion. 

The Committee feels this amendment does not go 
far enough. It provides, as the law stands now, that 
the only duty of the Provincial Police is to locate the 
husband; and when a husband is located, a notice is sent 
to the Department of Welfare, which in turn notifies the 
deserted wife that her husband has been located. In 
consequence, her allowance is discontinued. 



-395- 



No provision was made for the return of the 
husband, nor for any action to compel him by force of 
law to contribute to the support of his deserted wife. 
This is an omission in the law which should be rectified. 
In cases where a deserting husband neglects or refuses to 
contribute to his wife and family's support, authority 
should be granted for the erring husband to be returned 
to the place from whence he came, or by reciprocal 
Provincial legislation be tried where located, whereby 
proper action could be taken to compel him to live up to 
his responsibilities. In the interval, Mothers' Allow- 
ance to the mother should continue to be paid. 

There is a somewhat similar situation created 
in connection with deserted husbands, where the wives 
have deserted their families, compelling the husband to 
provide for his family as best he can, very often with 
limited means. If he is not financially able to provide 
the proper care for his children, this becomes a potent 
cause of juvenile delinquency. 

From whatever cause, a home that is broken 
deprives children of the association of one parent or the 
other at a time in their lives when the attention of both 
parents is greatly needed. It is glaringly apparent 
that the lack of parental supervision, even by one parent, 
paves the way for the child or children getting away from 
the proper home environment, and getting on to the path 



-396- 



which very easily could lead to juvenile delinquency. 

Educational Deficiencies — It would appear 
that many primary school pupils are unable to assimilate 
the heavily academic courses, and might very well be 
successful in working at some trade for which they might 
better be suited. The theory has been advanced — and 
the Committee agrees — that such pupils would take a 
keener interest in trades where they feel there is 
opportunity for advancement, than they would in being 
forced to continue with an academic course, in connection 
with which they could show no interest, and in which they 
could see no future. 

A school syllabus which makes provision for 
children 12 to 16 years of age, during their formative 
period of life in giving them an opportunity to elect as 
between academic instruction and vocational and indus- 
trial guidance, thereby making it more likely that the 
pupil's interest in education will be held. The result 
would be a decrease in delinquency. 

Pinball Machines — These machines encourage 
the gambling instincts, with all their attendant evils, 
among adolescents and juveniles. They provide too easy 
a form of what might loosely be called "escape recreation," 
and all too often are placed in such positions that 
questionable associations are encouraged. 



-397- 

For these and other reasons governmental 
control should determine the type of service to be 
offered for sale through all coin vending machines, and 
the articles which may be purchased. "Games" might 
very well be eliminated altogether. 

Media of Communication 

Publications — Many "comic books' 1 and other 
publications on sale today are not conducive to the pro- 
per training of the younger generation. Too often they 
glorify crime, and sex, and display disrespect for law 
and order, and impart a totally erroneous impression of 
the attitude of the present-day law enforcement officers. 

These publications should be closely scrutiniz- 
ed by the proper authorities, with a view to an increased 
number of prosecutions for flagrant violations of the 
present laws governing their sale and publication. 

Serious consideration should be given to a more 
effective program for making books easily available which 
will not have the evil effects of many of those now 
published. This might be done through the co-operation 
of public libraries, and education authorities. 

Radio and Television -- Many programs on radio 
and television today are based on either real or fictional 
crimes, many of a serious nature. It is doubtful if some 
of these programs even have entertainment value for adults, 



-398- 



and they certainly are an obstacle to the building of 
good citizenship in children. The broadcasting and 
television authorities and sponsors should live up to 
their responsibilities to the public by eliminating 
certain of these programs which deal with crime, sex, 
and so forth, substituting therefor programs which will 
more nearly appeal to the better tastes of the younger 
element . 

Motion Pictures — The Province should direct 
the Board of Motion Picture Censors to exercise a much 
more rigid censorship over motion pictures shown in this 
Province. Pictures depicting the same objectionable 
features to which reference has been made in connection 
with crime comics, radio and television, have been passed 
by the Ontario Board of Censors. Their effect on young 
people is anything but beneficial. 

Classification of movies as "adult entertain- 
ment" and "restricted e ntertainment" (no person under IS 
allowed) tend to arouse curiosity in the minds of both 
juveniles and adults. Thus, in too many cases, the 
intended purpose of such classification is not accomplish- 
ed and the net result is a subtle form of advertising. 



-399- 



Qntario Training Schools 

(a) General Philosophy 

The Ontario Training School should be the 
fundamental buttress of the reformative program. 
The schools should seek a happier ending to the familiar 
tale of a young boy frequenting the wrong places, 
striking up questionable acquaintances, daring to do 
small unlawful acts which gradually grow into greater 
offences, and finally graduating to adult criminalhood. 

If this young individual's development is 
arrested at the earliest stage possible, if he is 
given the best of guidance and attention every young 
boy needs, and if he is induced to develop a proper 
appreciation of what is right and what is wrong, then 
he can be rescued from a potential life of crime. 
But if he is buffeted about, either by indifferent, 
hard-hearted law enforcement officials, or by well- 
meaning but totally misguided theorists, the inevitable 
result will be to turn him against society and all 
that is right. 

The task of taking youthful offenders out 
of society for a period and then putting them back 
into normal life has complex implications. The 
individuals concerned are undergoing or about to under- 
go, some of the most fundamental and basic physical 



-400- 



and psychological changes in life. Disruption of 
those processes, extreme frustration, neglect or 
offence of any type is liable to have a most decided 
effect upon the course of that individual's life. 
Extreme care must be taken in choosing associates 
for any boy or girl between the ages of eight and 
eighteen. Even more care must be exercised in the 
case of those who tend to maladjustment of any sort, 
such as those who are sent to Ontario Training Schools. 

This Province has, we believe, made some 
progressive and commendable steps with respect to 
the incarceration and treatment of youthful offenders. 
Officials chosen to carry out the plan in the 
institutions have been good, conscientious and anxious 
to the extreme to salvage, correct and improve their 
charges. They have been given the utmost co-operation 
by the Department from the Minister down. The plan 
seems in the main, excellent. But unfortunately we 
have no proof. 

Reference has been made in Chapter II (B) 
to the extreme inadequacy of statistics in the 
Department, particularly with reference to follow-up 
and after-care information. Without statistical data, 
and the keeping of records, it is impossible to know 
whether or no -1 - th^ programs in Ontario Training Scnocls 



-401- 



are successful. There are no reliable follow-up 
figures beyond the age of 18. Officials have no 
real indication whether their O.T.S. "graduates" are 
successes in good citizenship or in crime. The claim 
sometimes made that juveniles commonly graduate from 
training schools to adult crime is without basis, but 
at the same time, there is no basis on which to 
positively contradict it. 

The Committee witnessed juveniles in training 
schools smoking cigarettes issued by the Department. 
This cannot possibly be tolerated and the Committee 
recommends that this practice be forthwith discontinued. 

Another questionable practice concerns some 
of the recreational liberties permitted. At some 
training schools, the juveniles enjoy the privilege 
of watching television programs in their spare time, 
on sets which they have been allowed to purchase them- 
selves from their combined summer earnings. Parents 
of normal children well might ask why these juveniles, 
in such formative years, should be permitted to 
spend their non-working hours in such a non-constructive 
occupation as watching television, thereby developing 
a spirit of laziness and a taste for the type of 
entertainment many normal families cannot afford. 

There can be little justification in the 



-^02- 

public mind for training schools wh^re inmates are 
maintained -- as many seem to be -- at a standard 
of living far superior to that of many normal homes. 

(b) Costs 

The practice of allowing inmates of training 
schools ten-day "vacations" at Christmas, at a cost of 
$2,6^8 one season, should be reviewed. Firstly, such 
vacations only add to the general impression that 
training schools are simply provincial boarding 
schools for "difficult" school children who get a 
private education at the taxpayers' expense. 

The Committee was told that these "vacations" 
play a very important part in the rehabilitation of 
these juveniles. If such is the case, the contention 
is supported that many juveniles might be released 
on placement much earlier than is now the case. Other- 
wise, no special exception -- particularly of such 
duration -- should be made of the Christmas period. 
Either "vacations" from training school are a good 
thing and they should be extended, or, alteratively, 
they should be done away with. 

This is not a place where the Department should 
compromise or seek anything in the way of a "middle-of- 
the-road" policy. 



-403- 



That training schools should cost more than 
$875,000 to operate for one year for the rehabilitation 
of five to six hundred younsters seems to be inordinately 
expensive when compared with the cost of the adult 
institutions. Such an expenditure could better be 
assessed if the degree of success of the system were 
known. As pointed out above, this is not known. 

The difference in per diem costs at each 
institution poses another question. Without account- 
ing for a proper share of the Department's main 
office costs , Bowmanville maintains its inmates for 
some $4.85 daily; Cobourg for only $3.44, while the 
girls' training school at Gait costs $5.22 to operate. 
(All figures are gross). 

The need for some economies is evident. A 
close survey should be made of every aspect of their 
operating costs and revisions made accordingly. 

(c) Releases 
At present, there is attached to the 
training schools, an Advisory Board, composed of public- 
spirited citizens who meet to decide on the 
discharge and placement -- in effect here, parole -- 
of juveniles from the training schools. Members of 
the Board base their judgment solely on reports 
from the superintendents of the schools and conduct 



-404- 

no personal interviews with the applicants for 
discharge and placement. 

The Committee commends the public spirit of 
those citizens who have volunteered their time and 
interest to this work. However, this method of making 
decisions, so important to the children's future, must 
be condemned as illogical and impractical. 

The Advisory Board should be abolished. 
Placements, transfers and releases should be under 
the supervision of a parole Board, as recommended in 
Chapter VII . 

It has been argued that the length of time 
that juvenile offenders are allowed to remain in 
training school is a contributing cause to the 
continuance of these people in criminal pursuits. 
Their period of incarceration at times extends beyond 
the period when the offender might best be released 
on psychological grounds. There comes a time in many 
cases, when the youngster attains a feeling of remorse 
and repentance, and a determination to "go straight" 
henceforth. If that psychological moment could be 
determined by those in charge of the institution with 
authority to recommend his release, in the likelihood 
that the recommendation would be acted upon promptly, 
the Committee feels that the one released might never 



-405- 

offend against the law again. 

Those in charge of the training schools 
should be required to report all promising cases 
to the Parole Board, setting forth the reasons for 
recommending their release. Very thorough discussion 
should follow and decisions arrived at which, in the 
judgment of the Parole Board, will have the most 
beneficial effect on the children. 

Analysis 

In recent years, many parents have accepted 
the theories of certain psychiatrists and psychologists 
and sometimes have extended the theories beyond their 
intended restrictions. Concepts such as "child inhi- 
bitions" and "child self-expression" have led to a 
confusion through which some parents have avoided 
any effective methods of discipline on young children. 
Such children soon realize that all punishment is 
taboo, and very soon begin to take full advantage 
of that knowledge. The Committee believes that if some 
of the earlier forms of punishment, including corporal 
punishment administered with discretion, could be 
restored to the homes, the children would soon 
awaken to the fact that certain acts were sure to 
bring punishment. This knowledge would be ai effective 
deterrent. 



-406- 



The idea of holding parents responsible 
for the depredations of their children has 
considerable merit. . Under the present status of the 
law, however, it is not possible. The Committee 
believes the possibility of changing the law should 
be studied. If the parents could be held responsible 
for acts of vandalism by their children, wherever 
committed, the parents would soon take steps to restrain 
them. 

There was a very wide divergence of opinion 
among persons who appeared before the Committee regarding 
corporal punishment of children. As pointed out in 
Chapter XI, many persons have very strong views on 
corporal punishment, one way or the other. 

After considering all the evidence submitted, 
the Committee is of the opinion that corporal punish- 
ment judiciously administered and not inflicted in a 
spirit of revenge or anger, can have a very salutary 
effect, and should lead to the time when the necessity 
for further such punishment would be eliminated. It 
can be a strong and effective deterrent in the 
curbing of juvenile delinquency. 

Psychological or psychiatrical considerations 
of the problem of juvenile delinquency are of little 
avail. The real cure lies in the home. If the most 



-407- 

desirable type of home life could be restored, with 
its family gatherings, its religious teaching and 
proper parental examples, then, within the foresee- 
able future there would be a very marked decline in 
the incidence of juvenile delinquency. 

Recommendations 



1. That overcrowding and other hinderances 
to the efficient operation of Juvenile Courts be 
alleviated in order to ensure thorough consideration 
of all cases. 

2. That Adolescent Courts be established to 
deal with cases involving persons between the ages of 
16 and IB so that adolescents would be accorded the 
special consideration and treatment that are in the best 
interest of society. 

3. That legislation in regard to husbands 
who desert their wives be so amended as to afford 
maximum protection to the families involved. 

4. That the Ontario Board of Motion Picture 
Censors maintain more stringent control over movies 
which would be likely to have a detrimental effect 

on children. 

5. That the Department of Reform Institutions 
stop forthwith the practice of issuing tobacco to 
juveniles in Ontario Training Schools. 



-403- 

6. That a careful survey be made of costs 

at the Ontario Training Schools, with particular regard 
to disparities among the three schools, and that 
adjustments be made where necessary to place them on 
an equitable and reasonable basis. 

7. That juveniles be released from the 
Training Schools at the optimum time for reformation, 
even if that time is adjudged for individual cases to 
be much shorter than the 10 to 12 month period which 
now is the average, and that release and placement 

be decided upon by the re-constituted Ontario Board of 
Parole. 

B. That consideration be given to making 
parents responsible for acts of vandalism by their 
children. 

9 # That an Industrial School be established 
to receive and train convicted adolescents between the 
ages of 16 and l£, and those juveniles presently housed 
at the Ontario Training School, Guelph. 



-409- 

CHAPTER XI 

CORPORAL FU NI SHMENT 

During the Committee's investigation, no one 
subject has engendered more conflict of opinion among 
witnesses than that of corporal punishment. Personal 
prejudice fermented strong opinions by many witnesses, 
including both those who opposed corporal punishment and 
those who favoured it. With a number of exceptions, the 
evidence on this subject was strong on emotion and weak 
on the validity that comes from experience and impassive 
study. The Committee spent a great deal of time weighing 
the evidence and studying the practices in other juris- 
dictions . 

Corporal punishment should be regarded as 
one facet of discipline, to be considered along with 
such other disciplinary measures as detention and de- 
privation of privileges. In this Report it is so 
regarded in its inclusion in the sections dealing with 
juveniles and institutional inmates. It deserves 
speci.al mention here in a general way, however, because 
of its controversial nature. 

The extremes of opinion concerning this 
topic couid be typified by the well-intentioned club 
member who has heard a few speeches and road a few books 
and has become enthusiastically opposed to the use of 
corporal punishment in any way, shape or form, and by 
the ri-id disciplinarian who believes in ruling with an 
iron ha id with no regard to the feeling of the subject 



-410- 

of the punishment, or the long-range effects. Such 
opinions must be discarded in favour of those expressed 
by persons with first-hand knowledge, combined with 
careful judgment. 

In recent years, corporal punishment has 
been discounted to a considerable degree, largely 
because of the beliefs of certain psychologists and 
psychiatrists. The theories they expressed were to the 
effect that corporal punishment was not as effective as 
other disciplinary measures, especially in regard to 
juveniles. Their claim was that its main benefit was 
not for the child but for the adult, for whom its use 
provided an emotional release. It should be pointed 
out that not all psychiatrists and psychologists share 
these theories. The problem would be much easier to 
resolve if they did agree, one way or the other. 

On the other hand, there is a belief held by 
many persons with considerable experience that inflict- 
ion of corporal punishment "teaches a lesson", and 
instills fear that ?cts as a deterrent to further mis- 
demeanors. This might be called the traditional view 
on the subject. 

In a study of the opposing viewpoints, 
sev ral questions inevitably arise. These questions 
can be consolidated into three: 

Is punishment, as such, valuable? 

T "hat is the effect of corporal punishment? 

T,T hat is the effect of alternative measures? 

In the Committee ♦ s judgment, on the basis 
of the evidence presented, punishment should be 



-411- 



incidontal to reformation. But this does not moan that 
punishment should be discarded altogether. It is a 
valuable deterrent that must be retained, at least to a 
decree, in dealing with any persons guilty of offences 
or misdemeanors. Its effect on prospective delinquents 
is considerable. Punishment undoubtedly will always 
retain a niche in society's thinking and actions in 
regard to delinquent individuals and, provided it never 
again over-shadows the general aims of reformation, 
this is as it should be. 

The effect of corporal punishment varies 
according to the individual circumstances. It can 
cither bo detrimental to the individual upon whom it is 
inflicted, or have no effect whatever except for 
momentary pain, or produce a beneficial result. It 
almost certainly will arouse ombitterment and resentment 
if inflicted unfairly and with malice , but beyond that 
it is impossible to generalize, on the cases for which 
the results would be detrimental. The effect is likely 
to t>2 completely neutral on a great many of the persons, 
particularly adults, for whom corporal punishment is 
most likely to be ordered because of the violent nature 
of the offence. Many of the persons who commit such 
off e ices are psychopaths. They are, in a peculiar way, 
sick, and no matter how justified physical punishment 
may be , it will not deter them in the least from 
engaging in further brutality when they get the chance. 
Those 01 whom the effect is likely to be good, include 
young hoodlums who commit crimes as a method of showing 



-412- 

off and are accustomed to "getting away with it 5 ' , they 
are the type who can be deterred only by such punish- 
ment, since this punishment is the only authority they 
recognize . 

It can be seen that the only general state- 
ment that apparently has complete validity is that 
corporal nunishment should, under no circumstances, be 
imposed unfairly and in a spirit of vindictiveness. 
If it is to have the desired effect, it must be admin- 
istered judiciously and dispassionately. Further 
comments fall into five distinct categories - for 
juveniles, in connection with the home, the courts and 
training schools; and for adults, the courts and the 
institutions . 

A cardinal principle, as with its use as a 
form cf discipline at any level, is that it should be 
used rarely and only as a last resort. If used indis- 
criminately, thero is no doubt that it loses its 
deterrent effect and, in many cases, harms a child's 
development . All discipline must be prompt and firm, 
but the method used must depend on individual circum- 
stances. The nopular belief that a parent should 
reason with his child when he h°,s done wrong is valid 
only as long as it is not carried to extremes. 

The question of whether corporal •punishment 
should be administered as a court sentence on juveniles 
is more complex. It is pointed out that a large pro- 
portion of the youngsters who appear in Juvenile Court 
have experienced corporal punishment - often in 



-413- 



exc^ssivo doses in their homes without beneficial 
results, and to order more of the same treatment is 
futile. The consensus of those witnesses before the 
Committee who had direct experience with Juvenile 
Courts was that these courts should have the power to 
order corporal punishment in exceptional cases only. 
With this view the Committee is in full accord, again 
with the qualification that extreme discretion be used 
in determining when corporal punishment is justifiable 
and only after medical examination. 

In Training Schools for juveniles the 
situation is much the same as for Juvenile Courts. At 
present, the superintendents of Training Schools have 
the authority to impose corporal punishment but rarely, 
if ever, do so. Because of the factors listed above, 
and the value as a deterrent of the knowledge that 
corporal punishment can be imposed, if necessary, the 
existing policy in Training Schools should continue. 

In connection with adults the question of 
corocral punishment is less contentious. It can be 
imposed by the courts for certain offences, and to con- 
tinue this policy would be likely to do some good as a 
deterrent and punitive measure and would do no harm. 
In institutions, the power to administer corporal 
punishment on the part of the superintendent is a most 
valuable deterrent against disorderly behaviour. It is 
administered with commendable care and good judgment by 
the authority of the superintendents, the average number 
of corporal punishments over tho past five years being 



-414- 



s lightly over 200 - and a total of only e fraction of 
one per cent of the inmate population, only administered 
after a medical examination and under medical super- 
vision. The Committee was convinced by the evidence of 
both officials and inmates that a major contributing 
factor to the Guelph Reformatory riot of 1952, was the 
inmates knowledge that the superintendent had been 
deprived of his power to order corporal punishment 
without reference to the head office of the Department 
of Reform Institutions. This order was later rescinded. 
The moans of administering corporal punishment 
on adults are the lash and the strap. There is a 
curious misconception in the minds of the general public, 
and, apparently, of many magistrates in the effectiveness 
of the instruments. The lash is considered to be more 
severe than the strap, and lashes may be ordered only by 
the court, not by institutional superintendents. The 
Committee examined both and found that the lash consisted 
of nine medium-thick strands of cord attached to a 
wooden handle, while the strap was a piece of leather 
somewhat thicker and longer than the straps ordinarily 
used in schoolrooms. It was found that the lash merely 
produces a sting, while the strap hurt. Since corporal 
punishment can have little value unless it hurts, the 
lash should be abandoned altogether as a means of punish- 
ment and the strap used in all cases, both in connection 
with the courts and in institutions. 



-415- 



CHAPTER XII 



THE COURTS 



The Committee has no wish to interefere in any- 
way with the jurisdiction of the courts. But it is 
indisputable that the courts' disposition of cases has 
a far-reaching effect on the possibility of reformation. 
On the decision of the court depends how long an 
offender will be in custody and, under the existing 
system, to which institution lie will be sent. The 
procedures and decision of the court have considerable 
influence on whether an offender feels embitterment 
or respect toward the administration of justice and 
toward society generally. In some centres, despite 
the fairness of the magistrates and judges, the 
offender's impression is almost certain to be 
unfavourable. These are the centres--such as Toronto-- 
where court facilities are dingy and overcrowded, and 
magistrates are usually too rushed to accord the time and 
consideration they would like to individual cases. 

By the type and length of sentence he imposes, 
a magistrate virtually decides to which institution 
the offender shall go. 



-416- 

It is the Department of Reform Institutions 
which allocates offenders to specific institutions, but 
the Department does so on a fairly consistent basis of 
age, record and length of sentence. Under the existing 
system of classification, an offender under the age of 
21 or a first offender of any age is most likely to go 
to Guelph Reformatory; a repeater over 21 sentenced to a 
term of three months to a year is likely to go to the 
institution at either Mimico, Burwash, Burtch, Monteith 
or Rideau, whichever is closest to the point of sentencing; 
and a repeater over 21 with a longer sentence is likely 
to go to Burwash, Thus a magistrate or judge who is 
familiar with the Department's classification system 
knows where an offender will probably go if he receives 
a certain type of sentence, and, if he so desires, he 
often can tailor the sentence to ensure that the offender 
will go to the place that, in ~iis opinion, would be most 
su it abl e . 

Since magistrates and judges have the initial 
authority, indirectly, of deciding where each inmate 
shall be sent, it would seem logical that they would 
wish to make themselves familiar with the characteristics 
and distinctions of the various institutions. In the 
opinion of the Committee, it is desirable that all 
magistrates avail themselves of the opportunity of 
visiting as many Ontario custodial institutions as possible, 



-U7- 

Ine quality of Sentences 

One of the most common complaints of inmates 
interviewed by the Committee was that their sentences 
were unfair in contrast with the sentences of other 
inmates. A similar complaint was voiced by other 
witnesses . 

On investigation the Committee found that these 
complaints were justified in some degree. There were 
instances of two persons guilty of the same offence, with 
a similar record and general background, buing given 
widely varying sentences by different magistrates. Such 
instances are factors in low inmate morale and a dis- 
respect for the courts that is liable to lead to further 
crime. Gross and illogical inequalities in sentences 
should be eliminated. 

To do so will be a difficult problem, however. 
It is essential to true justice that the courts have 
some leeway in sentencing so that thuy can take into 
account the character of the individual and the circum- 
stances of the crime, as well as the crime itself. 
Since assessment of all these factors is a matter of 
individual judgment by the magistrate or judge, it is 
inevitable that there will be slight inequalities in 
the sentences imposed by different courts. 

Elimination of gross inequalities is in the 
hands of the magistrates themselves. Tho Committee 



-413- 

suggests that the magistrates hold periodic conferences 
and strive to form sentencing policies that are as 
uniform as is practicable. Such conferences could 
accomplish a great deal of good. 

Instalment Payment of Fines 

Many witnesses have suggested to the Committee 
that instalment payment of fines be instituted in Ontario 
The logic behind such suggestions is valid. There should 
be nc instances of persons without funds going to jail 
simply because they cannot raise the amount of an 
alternative fine, while these with funds can pay the fine 
without hardship and go free. 

The Committee believes there is no need to 
institute a system of instalment payments. It already 
is pre vided for, in effect. It is common practice now 
for magistrates to allow time for the payment of fines. 
Several remands often are given to allow the offender 
time to raise the money. 

To make more effective the existing provision 
for deferred payment of fines, the Committee suggests, 
however, that the courts should inform all offenders that 
they may have the opportunity of deferred payment. At 
present it appears that some convicted persons are not 
told cf the opportunity and therefore dr not take 
advantage of it. 



-419- 

Nieht and Special Courts 

Haste in court actions, made necessary by heavy 
dockets, is a procedure that detracts from respect for 
justice and probably contributes to recidivism in some 
cases. The Committee believes every effort should be 
made to ease the burden from the courts so that the 
desirable amcunt of time and consideration could be 
spent on each individual case. 

Two means of doing this would be night courts 
and special courts. 

The Committee was pleased to note, after its 
members discussed the matter in public meetings, that 
Toronto decided last fall to institute a special court 
for those charged with drunkenness and related offences. 
This type of court should be standard whenever such 
charges are numerous enough to encroach upon the time 
that is available for consideration of the normal 
docket of cases. 

Night courts would be particularly desirable, 

in the large cities particularly, in making it possible 

for those charged with minor traffic offences to defend 

themselves. At present they find it more practical 

and economical to pay a small f ine --whether they were 

guilty or innocent of the alleged infraction — rather than 

taking a half-day or day off work go go to court and 

defend themselves. It is obvious that such a situation 

militates against the maximum public appreciation of 
the courts and respect for justice. 



-420- 



CHAPTER XIII. 

SUMMARY 

The terms of reference delegated to the 
Select Committee on Reform Institutions provided scope 
and opportunity for unrestricted enquiry, and imposed 
tremendous obligations. These have been fully assumed 
and discharged. A great responsibility was involved to 
ascertain whether adequate custodial security is being 
provided to safeguard society, with properly humane 
treatment of persons who have offended against the law; 
but in keeping with present day advanced ideologies of 
penal reform. 

Custodial care and reformative policies are 
constant and complex social problems. Through the years, 
under successive governments, by iniative, trial and 
experience, highlv creditable advances have been made. It 
is indeed a far cry from the days of hard labor on bread 
and water. The answer and solution to the problems of 
penal reform will never be complete. Constant advances 
and adoption of modern methods, will from time to time 
tend to improve the operation of our institutions. 

The mental attitude of the majority of the 
officials and staff of the Department is,-- and rightly 
so,-- that prisoners are human b eings , many of whom have 
grown up during the days of the depression, when relief 
was the only means of maintenance for many of them. They 
lacked the benefit of home life and an opportunity to 



-421- 



live under normal conditions of self-maintenance. Many 
other inmates are the products of broken homes. As a 
result of unprecedented prosperity both parents have been 
attracted to lucrative fields of employment. Parents who 
dispose of their earnings for various means of alleged 
pleasure, instead of building up the home life, and main- 
taining the family circle in their dwellings; wide circul- 
ation of subversive crime and sex literature; displays in 
television ?nd motion pictures, depicting attacks on 
police, all have made inroads upon law and order and have 
contributed to an increasing number of inmates in our 
institutions. 

Persons while incarcerated are isolated from 
the normal ways of life, yet they are still members of the 
human family. This is a truth of transcendent importance. 

In the study of matters before the Committee, 
dis ssions and decisions on every item, have been entirel 
free at all times from partisan bias or consideration. The 
problem of Reform Institutions has been considered of 
major importance by the Committee because it chiefly 
affects the lives of human beings, not only the incarcer- 
ated, but their families, and society as a whole. The 
price of crime is terrific. The average daily population 
in the jails of the province is 1665, and of the training 
schools, reformatories ^nd industrial farms, 3293, totall- 
ing approximately 5,000 daily. 

The Province, counties and cities provide 
annually nearly $10,000,000 gross (^7,000,000 net) for 
custodial care in institutions, plus expenditures for 



-422- 



direct relief and Mothers' Allowances to families of 
incarcerated persons. The cost of operating jails by 
the various cities and counties varies greatly but aver- 
ages $3.39 per inmate per day. In the training schools 
for boys, the average daily cost per person is about 
•$4.00, in the training school for girls about A 5.00, and 
in reformatories, nearly %.00 daily. 

Wisdom and care in the expenditure of this vas 
sum of money is of great importance to the people of 
Ontario. The Committee has sought to find and report the 
answer to the question : To what extent is the desired 
objective of reformation achieved ? 

Varying costs, as shown in the Appendices of 
this Report, reveal variations for similar operations 
in comparative institutions. This condition requires 
rigid budgetary control. 

The Department of Reform Institutions is 
basically not a revenue-producing department. While it 
does return, in farm produce and manufactured goods for 
use only in p rovincirl institutions, something over 
$2,000,000 per year, and additional deductions should be 
made for such returns as perquisite payments, the net 
cost to the taxpayers of Ontario still is nearly 
$7,000,000. The Department is concerned with the 
treatment of both reformable and non-reformable persons 
including younger persons, who may be influenced by 
contamination with unreformable recidivists. Human value 
cannot be measured in dollar value. nG f the first 
recommendations concerns the top-level of administratis 



-423- 
in connection with general reformative policies. 

Admini strative Personnel . 

The Committee found among the personnel, many 
of excellent character, who are well-qualified for 
administrative duties. Examples of these include Institut- 
ional Superintendents and Governors. The Deputy Minister 
revealed intimate knowledge of all phases of administration 
and custodial care in the Department. His many years of 
experience as a custodial officer, added to his other 
qualities, ably fit him for the responsibility of the office 
Throughout the investigation, the Committee hasteeri most 

avorably impressed by his knowledge of the Department, his 
loyalty to his Minister, and to the Department. 

Guards . 

The turnover is too groat, having regard for 
morale and security. Salary rates are an important factor. 
A high I.Q., educational qualifications, and in-service 
training for guards are indispensable, as well as an im- 
proved system of promotion through merit and examination. 

Counsellors 



The counselling service is understaffed n nd, 
in over-all effect, feeble. It is less than h alf-f lodged 
as is rehabilitation. 



-42/,- 



Rehabilitation and Parole 

Both these services are right in principle, 
yet are in very incomplete stages of operation. There 
is no syllabus, and no system of training for parole 
and rehabilitation officers. They are insufficient in 
number for the numerical strength of the inmate populatior 
they now attempt to serve. Several inmates interviewed 
by the committee, at time of discharge, had not seen a 
rehabilitation officer. Rehabilitation is largely a 
paper organization. There are definitely two types of 
inmates, reformable and ncn-reformable . Those most 
likely to be reformable -- the first offenders -- con- 
stitute only 35^ of all committals; those most likely to 
be non-reformable -- the repeaters — 65% » In reformat- 
ories the ratio is 20$ to 80%. Efforts at rehabilitat- 
ion for much of the 80% are largily wasted time, effort 
and money, since a large proportion if them do not welcome 
attempts at reformation and occupy the time which should 
be devoted in greater measure to the reformables. 

We recommend that the rehabilitation efforts 
towards the 2CK should be intensified. For those of 
the &0%o who, upon discharge, have no homes to which to go, 
temporary lodging and food should be supplied through 
some after-care organization. The giving of cash, in 
some cases, causes a return to d issipation. The money 
now given to them upon discharge ,( up t o $20 each) 
instead should be deposited with a Rehabilitation 
officer to be distributed as need requires. 



-425- 



Parole Board. 

The Parole Board is composed of a number of 
splendid persons in their own lines of endeavour. The 
Parole Board has only one woman member, another should 
be added. The Board lacks leadership and direction , and 
assumes unwarranted authority in refusing parole because 
of anything other than the merits of the case at hand. 
When the sentencing magistrate or judge imposes a def- 
inite and indefinite sentence, the offender is automatic- 
ally eligible for narole. A ruling by the Parole Board 
that certain cases, notwithstanding the indefinite scnten- 
would not be considered by them for parole, smacks of 
revenge. Parole is a form of faith in fellow man, -a 
second chance. Fief us- 1 ! by the Board registers doubt. 
Doubt registers a lack of faith, and a belief th^t evil 
is s trong and must prevail. Faith should b e placed in 
the unfailing supremacy of right. Re-organizatinn of the 
Board and the defining of specific duties is an immediate 
necessity, a s is establishment of a considered and 
consistent policy. There should also be provision for 
appeals from the Board's decisions, to t he Commission on 
Corrections. 

Aft or- Care . 

After-care is a most important feature in 
any policy of reformation. Many persons in Northern 
Ontario are discharged penniless or nearly penniless 
from jails -- even though some are found innocent -- 



-426- 



as much as 350 miles fr^m the place of arrest. (See 
Appendix E) . There is no legal provision for jails to 
supply .funds for_ these persons. It is to the credit of 
the Ontario Provincial Police that its members co-operate 
by driving many along the highways towards their homes, 
but a number of persons come from areas which are not 
accessible by road. For the innocent or the guilty, 
penniless discharge imposes hardships and invites 
recidivism. 

After-care and rehabilitation arc definitely 
the responsibilities of the Department of Reform Institute 
ions n nd should not be delegated to any subsidized private 
agency. Private agencies have a creditably record, and 
their interest sh/uld be encouraged and their assistance 
welcomed, in co-operation with the efforts of the Depart- 
ment . 

Physical Care . 

There should be a medical examination at the 
earliest possible moment ^.fter arrest whenever there is 
the least sign of illness or accident. 

No mental cases should be housed in jails. 

Spiri tu al C^re . 

The Committee has been advised by the Minis- 
ter and Deputy Minister that an increased and improved 
chaplaincy service is in course of organization. This is 
very greatly needed. T hc Chaplaincy service at present 
is inadequate and involves a basis of remuneration which 



-427- 



should be improved. 
Disciplinary Control . 

Corporal punishment is not the only discip- 
linary method advocated, nor presently in use, but the 
right to administer it under medical supervision is imper- 
ative and conducive to pr .serving morale. 

Recidivists . 

The numbers of former inmates of Federal and 
Provincial institutions who return to Provincial custody 
is deplorable. The name "Reform Institution" is to some 
extent a misnomer. The mingling of recidivists and first 
offenders by lodging them together, and having them work 
together, and engage in recreational periods together, 
creates a perilous contamination. 

S ex Devi atcs and Pe rverts . 

This is a great problem, and it is recommended 
that tht. co-operation of doctors and scientists be invited 
to join in an endeavour to find the answers, particularly 
in regard to the perverts. 

Segregation 

In jails, segregation is practically non- 
existent. Reformatories are better only to a degree. 
They lack sufficient accomodation to permit proper 
segregation of the inmates. 



-428- 



Training Schools. 

These schools constitute r>. costly operation 
under somewhat luxurious conditions. The time the inmates 
are held, in the opinion jf the Committee, is too long, 
often producing "institutionalized' 1 young poisons. They 
would be less likely tc become recidivists if they were in 
a home environment. 

Custodial Institutions. 

Although it has been estimated that the ratio 
of persons incarcerated to population is 1 to 175 in 
Ontario, compared with 1 to 1259 in England, it must be 
borne in mind that many actions that are offences in 
Ontario under the Liquor Control Act, -^nd the Highway 
Traffic Act , are not offences in England. However, if 
our population continues to increase for another decade, 
at the same rate ^s in the past, and the ore sent system 
of dealing with offenders continues, up to 50 percent 
more custodial accomodation will be required. The 
alternative is less inmates. By what means ? The 
Committee believes the means must include a quickening 
of individual responsibility in every citizen to a ssume 
his or her duties to the church of his ?r her faith; 
increased responsibility to the stp.te; the restoration 
of the family circle and the strengthening of home life; 
teaching by parental example, respect for law and order; 
establishment of an Adolescent Court to deal with those 
aged 16 to 18, the group between juveniles and adults; 



-429- 

and establishment of an industrial school to provide 
corrective measures. 

Probation. 

Probation based on pre-sentence reports, is 
highly recommended for selected offenders, particularly 
first offenders. Such a policy offers many benefits. 
It prevents the stigma of incarceration and the assoc- 
iation with undesirable persons in institutions. -'-'he 
probationers can retain their employment and remain self- 
sustaining members of their families and their communit- 
ies . Probation costs about 44 cents per ncrson per day, 
as against the $3.77 por day net costs in an institution. 

Reception Diagnostic Disposal Centre . 

To a limited extent, this service has been in 
operation for some time at Guelph. ± t should be expanded, 
at Guelph or elsewhere , to enable it to handle all cases 
of first offenders from 16 to 25 years of age, diagnosing 
each case in an effort to determine the cause, and decide 
upon the most effective reformative treatment. 

Commission of Corrections. 

A semi- judicial body should be created to 
administer, co-ordinate and direct the services of after-* 
counselling, parole, probation, and the reception diag- 
nostic disposal centre. 



-430- 



Department of Ho form Institutio ns. 

For the maximum success of n reformat ivc system 
there must be an aroused public opinion directed toward 
crime prevention. Excellent as the services of the depart- 
ment may be, they arc not enough. There also must be 
increased public interest and understanding in a ssimilating 
into free society, those who h ve erred, and who w^nt to 
become good law-abiding citizens. Many are helpless, but 
none are hopeless. 

With the cooperation of the Minister and the 
staff of the Department of Reform Institutions, the Comm- 
ittee has striven to ascertain the best solutaions to the 
problems of reformation and. custody. ±he past is only a 
means to make a better future. The Committee recommends 
immediate consideration of suggestions in Chapter II (A) 
of this Report and their presentation as soon as possible 
to the Minister of Justice. In a conference with the 
Committee, the Minister of Justice gave assurance that he 
would study the suggestions and pass them on to the 
Federal Commission now s tudying penal reform. The sugg- 
estions, aimed at improvement in matters of which the 
Federal Government has jurisdiction to include the f dllowir 

1. Reconsideration of the existing division of 
responsibility between the Federal and Provincial Govern- 
ments in regard to those offenders sent to penitentiaries 
and those s^nt to reformatories. The present division cal] 
for those sentenced to terms of two years or longer to go 
to penitentiary, those sentenced to less than tv.'o years 



-431- 



to Provincial Institutions. This provision has not been 
amended since 1^59 and it is unrealistic in many ways. 

2. Adjustment of the situation whereby those 
serving consecutive sentences, totalling any number of 
years, — perhaps six, eight or ten -- still go to 
Provincial institutions if the term of each sentence is \ 
less than two years. 

3. Amendments to the Criminal Code to make the 
provisions for habitual criminals more explicit and more 
effective . 

4. An amendment to avoid discharge at termin- 
ation of sentences immediately prior to a week-end or a 
public holiday. 

5. Provision of longer indeterminate sentences t 
make it possible to deal more adequately with such cases ?s 
habitual drunkards, and to make it possible for inmates tc 
complete trade-training courses. 

6. Re-definiti^ns regarding mental cases, ^he 
existing laws were framed $0 years ago and arc in need of 
revision. 

7. Provision that inmates in all custodial 
institutions-- including jails -- should have the opportun- 
ity , on an equal basis, of obtaining time off for good 
behaviour. 

8. Provision to expunge the records of one- 
time offenders who appear to have definitely reformed 
after a period of time, perhaps five years, so that they 
W)uld have greater freedom in obtaining employment and in 
crossing the border and would not continue to be stigmatizec 



-432- 



9. Statutory authority for the Frovinco , if 
it so desires, to establish a central place of execution 
in an existing institution. 

10. Statutory authority for the Ontario Board 
of Parole, to have jurisdiction over definite as well as 
indefinite sentences. 

11. Provision in the Criminal Code for pro- 
secution of those who engage in riotous conduct in 
institutions. 

12. Provision of the severest possible penal- 
ties for narcotics peddlers. 

13. Establishment of centres for persons 
awaiting deportation so that they would not continue to be 
housed in jails, particularly the Don Jail in Toronto. 

Confidence is merited in the t esent Minister 
of Reform Institutions, and credit to previous Ministers, 
as well as to the Governments which have been responsible 
for the finances and administration of Ontario s custodial 
institutions down through the years. All have been deeply 
interested in .proper operation of the institutions. The 
Committee found no evidence of political domination or 
motivation. 

The Minister of the Department should be 
commended for the fact that tinmates of Reformatories, 
Industrial F-.rms and Training Schools, which come directly 
under his authority, a re well carcd-for physicallv with 
provision for medical examinations, hospitalization, dental 



-433- 



care and chest X-rays; have facilities for academic and 
vocational education and for recreation; are well fed; 
and in some ^ laces , hav the use of libraries and radios. 

The Committee found no evidence of inhuman 
treatment, brutalities, persecutions or"black holes"for 
punishment . 

A seasoned recidivist at Burwash, with a record 
of 37 convictions, gave the Committee this considered 
appraisal of present-day custodial treatment in contrast 
with the methods of the past: " You are bending over back- 
wards in kindness and comforts h ere today- No one fears 
coming here." 

There are two schools of thought in regard to 
custodial treatment, ne favors punitive treatment ond 
the other completely open institutions with no punishment. 
One group stresses rigid, excessively stern treatment of 
prisoners as r>. matter of course; the other - whose advoc- 
ates include some extremely zealous reformers with ivory- 
tower social theories-- would pamper the inmates and turn 
reform institutions into rest homes. 

Neither of these extremes is right. A reasonable 
measure of both, tempered by experience and common sense 
can p roduce excellent results. 

The Committee was particularly impressed with 
two projects in the Ontario system that have attracted 
wide interest and praise — the Ontario Training School, 
Brampton, and the Alex G. Brown Clinic for Alcoholics, 
Mimico. Both are portents for national good. 



-434- 



The Brampton institution was started as a 
pilot cxporiem land the results reflect considerable 
credit on those who created it. Providing an advanced 
programme of reformation, Brampton is « noble achievement. 
The Committee recommends this type of programme be extend- 
ed for both men and women. 

The Alex G. Brown Memorial Clinic has a highly 
creditable record of success in treatment af alcoholics. 
This excellent work of reclamation of hurrrn resources 
should be encouraged and enlarged for the benefit of both 
men and women. 

TT hile Ontario cities and counties have a number 
Df antiquated pro-Confederation jails, the Province has 
district jails which are outstanding in many ways. 

The Industrial farm type of institution is 
excellent for both custodial and reformative purposes. 
Industrial farms have proved, in practice, to be excellent 
for bath custodial and reformative purposes. Their 
establishment and extension wa. c sound leadership in the 
ria;ht direction. But at least four marc farms are needed 
for this purpose. Furthermore, Burwash Industrial Farm 
should b e ro -named "Bun ash Provincial Prison" and 
be designated to house anly recidivists who are considered 
non reformable. A t this and Dthor institutians, there 
should be an abundance of hard work for inmqtcs and a def- 
inite standard set for the number of hours to be worked. 
It should be pointed out, too, that s^mc industrial farms 
have only improvised build— lgs, temporary frame structures 
that are cntire&yinadequate for their present purpose. 



-435- 
CHAPTER XIV 



RECOxMMENDATIONS 

Following are the recommendations of the 
Committee as set forth in this report: 

1. That the Province should give every 
encouragement possible to establishment of a chair of 
penology at an Ontario University. 

2. That Chapter II (A) of this Report be 
forwarded to the Honourable, the Minister of Justice, 
with a request that the suggestions made therein be 
given early consideration with a view to implementation. 



ADMINISTRATION AND PERSONNEL 
Department of Reform Institutions 



3. That the chain of command in the Depart- 
ment of Reform Institutions be clarified, especially at 
the upper levels, and that responsibilities be more 
clearly defined, to ensure maximum efficiency of operat- 
ion. 

4. That the importance of the position of 
Psychologist be recognized by a more adequate salary, and 
adjustment of responsibilities and full consultation re- 
garding future development of Departmental programs. 

5. That the position of Farms Administrator 
be clarified as to responsibilities and powers. 

6. That adequate staff and facilities be 
provided for an expanded statistical division that can 
supply complete data on all phases of the Department's 
operations. 



-436- 



7. That the Supervisor of Construction 
maintain closer liaison with the Department of Public 
Works and be consulted fully regarding the maximum 
employment of inmates. 

8. That diets and food costs be more closely 
co-ordinated and supervised through the Dietician and 
the Doctors at the various institutions. 

9. That clothing closts be more closely co- 
ordinated and supervised from the Department's Head 
Office. 

10. That the Ontario Reformatory, Brampton, 
be re-named so that in name, as well as function, it is 
clearly distinguished from other institutions; and that 
the Industrial Farm, Burwash, be r^- named "Burwash 
Provincial Prison" in keeping with establishment of 

a policy that it handle only non-reformable recidivists. 

11. That necessary changes be made in the 
system of transporting prisoners to ensure the maximum 

economy, speed and security. 

12. That as muC. food, clothing and other 

items as possible be inamte-prcduced for the purposes 
of economy and inmate industry. 

13. That the opportunity of obtaining days off 

for good behaviour be extended to all inmates, including 
those serving short sentences in jails, in the same 

manner as other custodial institutions. 

1/f. That inspectors be more thorough and ob- 
jective in inspections of jails and that they recommend 

all changes that should be made in the interests of 
security and efficiency of custody and reformation, 



-437- 
rcgardless of any other considerations. 

. . 15. That salaries of institutional personnel 
be raised to a level that will attract a consistently 
high calibre of employee and will provide ncentive for 
making a career in custodial and reformative work. 

16. That b etter understanding among institut- 
ional personnel of the broad aims and methods of instit- 
utions be promoted through: 

(a) In-service training for all personnel; 

(b) installation of card-indexes in each 
corridor other than jails, detailing the individual 
records, histories and backgrounds of each inmate, for 
the information and guidance of guards; 

(c) holding of regular staff < .nferences 

to discuss general and specific phases of the institution- 
al program with representatives of all types of personnel 
involved. 

17. That Superintendent and governors, in 
consultations with higher Departmental officials , estab- 
lish with more exactness the complement necessary for the 
best possible operation of each institution. 

18. That superintendents and governors be 
consulted fully concerning all staff changes contemplated 
at the institutions which they direct or which they are 
scheduled to direct in the near future. 

19. That more psychologists, psychiatrists, and 
counsellors be added to institutional staffs to guide 
reformative programs. 

20. That doctors and dentists be hired on a 
full-time basis wherever possible. 



-43S- 



21. That guards bo properly compensated for 
all overtime work. 

22. That guards 1 advance in status and 
salary by a system that recognizes merit and capability 
as well as length of service. 

23. That employees be suitably recognized 
for meritorious and faithful service by merit awards 
and designated by chevrons to be worn on uniforms. 

24. That all guards be given instruction ir, 
the Staff Training School before assuming regular duti2s. 

25. That refresher and advanced training 
courses be instituted for experienced personnel. 

26. That the Department of Reform Institution, 
in co-operation with a housing authority, erect houses on 
or adjacent to institutional properties in areas where 
housing is prohibitively expensive and unobtainable; such 
dwellings to be sold at reasonable prices to institutioral 
personnel on the condition that, should they leave the 
employ of the institution, the Department or the housing 
authority may buy back the homos at a fair price for re- 
sale to other institutional personnel. 

27. That the accounting system of the Depart- 
ment of Reform Institutions be revised to take into 
account the market value of goods sold. 

28. That charges for perquisites be reviewed 
and revised when necessary to make them at least cover 
the cost of the items and preferably be close to market 
value. 



-439- 



INDITSTRIAL FARMS 

29. That the hospital property at Fort;. William 
be returned to the Department of Reform Institutions as 
soon as possible for the establishment of an industrial 
fa rm . 

30. That a detailed survey be made immediately, 
taking into account the long-r°.nge savings through re- 
duced recidivism that could accrue from industrial farm 
operation, to decide on the advisability of establishing 
more industrial farms elsewhere in the province. 

CUSTODIAL PROPERTIES 

31. That closer liaison should be established 
between the Department of Public Works and the Depart- 
ment of Reform Institutions to ensure that construction 
and repair projects do not endanger security and morale 
at custodial institutions, such liaison to include pro- 
vision for 

(a) Maximum utilization of inmate labour; 

(b) Power to veto by the superintendent or 
governor of each institution, for good 
reasons stated confidentially, as to who 
shall be allowed to work on projects on 
the property of his institution. 

32. That a progressive program be undertaken 
over the next ton years to make the property acquisi- 
tions and the structural changes and additions necess- 
ary to implement the recommendations of this Report. 



-440- 



33. That all temporary structures for inmate 
accommodation bo replaced with permanent buildings pro- 
viding individual cells rather than dormitories. 

34. That fire hazards in all custodial in- 
stitutions be lessened by means of 

(a) installation of gang locks; 

(b) installation of fire alarm boxes con- 
nected with the municipal fire depart- 
ment , except where location or local 
conditions make such a system impossible; 

(c) the holding of periodic night fire drills, 
or fire drills under simulated night 
conditions; 

(d) strengthening of liaison between inspec- 
tors of the Department of Reform Insti- 
tutions and local and Provincial fire 
authorities on all matters concerning 
fire risks in Institutions. 

35. That permanent quarters be provided for 
the staff training school at the Ontario Reformatory, 
Guelph, with provision for suitable rooms instead of 
dormitories to facilitate and encourage study. 

36. That ch?pel facilities be provided at all 
major institutions, but not at the expense of the second 
dining room at Ontario Reformatory at Guelph. 

37. That the program of providing permanent 
staff housing at the Industrial Firm, Burwash, be 
accelerated toward earl}?- completion. 

3^. That reforestation work at the Industrial 
Farm, Burwash, be extended. 



-441- 



39. That additional arable land be purchased 
adjacent or close to the existing property at the Indus- 
trial Farm, Konteith, for use in greatly extended farm 
operations and extension of the demonstration function 
of the farm. 

40. That the vacant hangar at the Industrial 
Farm, Burtch, be utilized in its entirety or in part 
for a light industry. 

41. That additional arable land be purchased 
adjacent or close to the existing property at the Indus- 
trial Farm, Rideau, for extension of farming operations; 
and that reforestation work on the existing property be 
accelerated. 

42. That the Mimico Annex be removed from the 
grounds of the Ontario Reformatory, Brampton. 

43. That "hostel inmates" be removed from the 
custody of the Ontario Reformatory, Mimico, such inmates 
to be housed elsewhere in a place that is better both for 
them and for the institution. 

44. That the Alex G. Brown Memorial Clinic for 
alcoholics at the Ontario Reformatory, Mimico, be enlarged 
sufficiently to accommodate all inmate volunteers in the 
Province who are likely to benefit from the treatment. 

45. That the Department of Reform Institutions 
sell all land at the Ontario Reformatory, Mimico, in 
excess of the basic space required by the institution for 
buildings, grounds and shale deposits for the brick 
industry. 



-442- 



46. That the Department of Reform Institutions 
sell the existing buildings and land at the Andrew Mercer 
Reformatory, Toronto, and remove the institution to a new 
site outside the Greater Toronto Area; and that the new 
establishment provide a section having sufficient accom- 
modation of the cottage type to house inmates with a high 
potential for reform, the program for those inmates to be 
operated in a fashion similar to that at the Ontario 
Reformatory, Brampton. 

47. That the buildings and land at the Ontario 
Training School for Boys, Cobourg, be sold; and that, to 
replace the Cobourg institution a new school be built on 
the grounds of the Ontario Training School for Boys, 
Bowmanville , as far removed as possible from the existing 
Bowmanvillc buildings. 

43. That the Ontario Training School for Boys, 
Guelph, be discontinued as and when an industrial school 
is established, its function to be absorbed by the 
Industrial School. 

49. That the Ontario Training School for 
Girls at the Andrew Mercer Reformatory, Toronto, be 
transferred to the new Institution to replace the Mercer; 
when constructed, and that suitable facilities be pro- 
vided there with accommodation on the cottage plan. 

JAILS 

50. That the Department of Reform Institutions 
establish a set of minimum standards of sanitation, 
ventilation, and accommodation for all jails in the 



-443- 



Provincc . 

51. That the Department of Reform Institu- 
tions assume control and operation of all District, City 
and County jails in Ontario. 

52. That sheriffs be relieved of all powers, 
direct or indirect, in connection with jails; 

53. That all jail personnel be absorbed into 
the Civil Service of Ontario with the full benefits 
accruing thereby, on a basis of equality with employees 
of other Reform Institutions. 

54. That municipalities and Ontario Provin- 
cial Police make provision for lock-ups and for mainten- 
ance of same for their own purposes to the greatest 
possible extent, instead of imposing upon county jails. 

55. That the Department of Reform Institu- 
tions make whatever adjustments are necessar}' to ensure 
the maximum economy and efficiency in jail operation, 
including amalgamation of little-used jails in adjacent 
areas. 

56. That jails be used only to house adult 
persons on remand and those serving short sentences, 
except for narcotics addicts, and any other prisoners 
requiring special treatment as noted in this Report. 

57. That the Department of Reform Institu- 
tions take whatever steps are necessary to elevate jails 
to the standards recommended in this Report, including 
provision for proper segregation, inmate employment, 
medical care, sanitation, exercise and hobbies. 



-444- 



58. That the Department of Reform Institutions 
provide facilities for visitors, such facilities to con- 
sist of sets of two booths each separated by unbreakable 
glass, and supplied with telephones for verbal communica- 
tion. 

59. That enclosures be provided at all jails 
to ensure maximum security in reception and transfer of 
prisoners. 

60. That examination of incoming prisoners be 
more thorough, utilizing such modern devices as the 
fluoroscope where practical, to intensify precautions 
against the entry of contraband. 

MENTAL CASES 

61. that magistrates be encouraged to use the 
procedure outlined in Section 35 of the Mental Hospitals 
Act whenever possible when dealing with suspended mental 
cases. 

62. That "a safe and comfortable place" under 
the Mental Hospitals Act should be preferred, and jails 
shall come within this definition only as a last resort. 

63. That General Hospitals in all localities 
be encouraged to establish detention units for housing 
of mental patients. 

64. That a full-scale Reception Centre be 
established to receive, study, diagnose and recommend 
treatment for all first offenders aged 16 to 25, male 
and female, sentenced to provincial institutions. 



-445- 



65. That the length of stay be six weeks 
to two months, except for short-term prisoners* 

66. That facilities be extended in the 
future to receive all first offenders and all repeaters 
likely to benefit. 

ABCJiPTICN Gbl\TRi!; 

67. That a full-scale Reception Centre be 
established to receive, study, diagnose and reconmend 
treatment for all first offenders aged 16 to 25, male 
and female, sentenced to provincial institutions. 

68. — 

69. That facilities be extended in the future 
to receive all first offenders and all repeaters likely 
to benefit. 

SEGREGATION 

70. That segregation be based on thorough 
study and classification carried out in a deception 
Centre. 

71. That particular care be taken in the seg- 
regation for proper treatment of sex deviates, the 
mentally defective and mentally retarded, alcoholics, 
drug addicts; and psychopaths be segregated from the 
general inmate population; and that reformable inmates 
be kept separate from those not likely to reform. 

72. That segregation within institutions be 
complete, vath no inter-mingling of different groups. 



-446- 



DOEMITORIES 

73. That the Department of Reform Institutions 
establish a policy of providing accommodation in indiv- 
idual cells rather than dormitories in all adult institu- 
tions, such policy to be implemented over a period of 
years. 

IDLENESS 

74. That the policy be established in all 
custodial institutions, including jails, of providing 
work for all able-bodied inmates. 

75. That in view of the nature and purposes 
of custody in contrast to living at liberty, the normal 
work week for inmates bo set at 4& hours. 

76. That provision be made for the re- 
institution of "hard labour" with a longer work week for 
inmates who have been sentenced to same. 

PRODUCTIVE OPERATIONS 

77. That an immediate survey be made to deter- 
mine the best means of expanding and extending productive 
operations in ?11 custodial institutions. 

7$. That the findings of the survey be taken 
into account in setting up sufficient productive operations 
in custodial institutions to provide employment for all 
able-bodied inmates ^.s soon as possible. 

79. That the first step toward a greater 
amount and variety of industrial and f^.rm operations be 



-447- 

taken immediately by carrying out the specific suggest- 
ions contained in this Report in regard to such operat- 
ions ^t the various institutions. 

SPIRITUAL GUIDANCE 

SO. That greater emphasis be placed on spirit- 
ual guidance in custodial institutions, and that, to this 
end a full-time chaplaincy service be established as soon 
as possible. 

MEDICAL CARE 

Si. That medical examinations be given immed- 
iately after arrest jto all persons who exhibit the slight- 
est evidence of illness or injury. 

$2. That the conference method of assessing 
cases bo used more widely in the large institutions. 

EDUCATION 

53. That commercial training be extended in the 
Ontario Training School for Girls. 

54. That general educational efforts be extend- 
ed where necessary, keeping in mind b oth the reformative 
programme and the punitive aspect of detention, by estab- 
lishment of adequate library facilities in all custodial 
institutions , and maintaining of instruction , hobbies and 
recreation at a consistent level. 



-448- 



DISCIPLINE 

$5. That existing policies and practices 
in regard to discipline and punishment be continued. 

86. That provision for use of leg-irons be 
removed from the regulations. 

SECURITY 

$7. That the Department of Reform Institut- 
ions establish more rigid control over entry and egress at 
its institutions by means of night patrols or any other 
measures necessary for effectiveness. 

FEMALE OFFENDERS 

$8. That consideration be given to an immed- 
iate start on a cottage-plan accomodation for young 
female "reformablcs" . 

ALOCHOLICS 

$9. That inc. inite sentences be provided for 
all persons convicted of offences involving liquor so 
that all convicted alcoholics would become eligible for 
treatment , subject to screening for suitability. 

90, That facilities for treatment of alcoh- 
olics be extended, either at the Alex G. Brown Clinic, 
or elsewhere, to ensure that facilities would be avail- 
able for all convicted alcoholics , including female 
offenders. 



-449- 



91. That the treatment program be revised 
as much as is practicable so that the intelligence 
requirement for admission will bar as few as possible. 

92. That addicts be given longer sentences so 
as to facilitate ultimate rehabilitation. 

93» That narcotics addicts be segregated in 
close security accomodation, with hospital treatment when 
desirable . 

94. That research into the problem be instit- 
uted in relation to convicted addicts. 

SEX DEVIATES 

95. That facilities be provided for detailed 
study of all convicted sex offenders for the guidance of 
magistrates in imposing sentence. 

96. That all sex offenders be. given indefinite 
sentences which are not to be terminated until curative 
measures have taken effect. 

97. That a separate close-security unit, 
adequately staffed with trained personnel, be established 
for the treatment of all sex offenders. 

98. That persons charged with committing sex 
offences in institutions should be tried in regular court 
and if found guilty, sent to the special unit for treat- 
ment on the same basis as other sex perverts. 

99. That an extensive scientific study be 
undertaken immediately into the nature of sex deviation 
and the methods of dealing with it, such study to be 
spearheaded by personnel at the separate unit for 



-450- 



devi^.tes when established, the first duty of the research 
team to be to advise in detail which offences should be 
considered sex offences for the purpose of the above 
recommendations . 

PROBATION, PAROLE AND AFTER-CARE 

100. That a Commission of Corrections be set 
up to co-ordinate the services of probation, parole and 
after-care, such Commission to consist of five full-time 
civil servants. 

101. That such Commission be responsible to the 
Minister of Reform Institutions for administrative pur- 
poses, but that it be a semi-judicial body, independent 
and free to discharge its duties in an impartial manner, 

102. That appointees to the Commission be per- 
sons not now or previAusly_ employed by either the Depart- 
ment of Reform Institutions or the Department of the 
Attorney General. 

103. That the Commission absorb the three ser- 
vices of probation, parole, and after-care. 

104. That the Commission establish the maximum 
possible interrelation in the policies and operations of 
the three services. 

105. That the Commission assume the control of 
the Reception Centre when established as recommended in 
this report. 

106. That pre-sentence reports on all first- 
offenders ^.nd selected repeaters be provided the courts 



-451- 



for guidance in pronouncing sentence. 

107. That adequate probation services be 
provided throughout the Province with all practical speed 
by appointment of at least 35 additional officers. 

108. That all first offenders be considered 
for probation, but that repeaters be placed on p robation 
only in exceptional circumstances. 

109. That the Ontario Board of Parole be re- 
constituted as a full-time civil service Board of five 
persons, appointments to be made with due regard to the 
high qualifications necessary, and to the fact that both 
male and female offenders arc involved. 

110. That the Parole Board interview progress- 
ively inmates who will become eligible for parole during 
their definite sentences so that decisions will be based 
on the fullest possible knowledge of individual cases. 

111. That the Parole Board be supplied with 
more detailed information about applicants, including 
full psychological reports. 

112. That the Parole Board establish general 
policies for its operation based on scientific studies of 
parole practices and potentialities. 

113. That the Parole Board develop a weighted 
interview system and make more effort to place interviewees 
at ease. 

114. That the cases of all parole applicants 
be considered strictly according to their merits regard- 
less of the severity or leniency of th_ sentence. 



-452- 



115. That new regulations be put into effect 
immediately to lessen uncertainty and confusion of Board 
members. 

116. That the Advisory Board for Training School 
be disbanded and its functions assumed by the Parole Board 

117 ♦ That the name of the service now known as 
"rehabilitation" be changed so that it shall be known as 
"after-care" . 

11^. That after-care services be intensified on 
First offenders and others who appear to be particularly 
good prospects for reformation. 

119. That Farole qnd rehabilitation officers be 
given an intensive training course before assuming their 
duties . 

120. That -^fter-care facilities be extended to 
all custodial institutions under Provincial control, 
including jails. 

121. That all parole and rehabilitation officer 
be on a full-time basis. 

122. That transportation provisions be made in 
deserving casus for those released from custody long dis- 
tances from the place from which they came. 

123. That the amximum $20 gratuity on discharge 
be granted through the parole and rehabilitation officers, 
to be given out in credits for food and clothing if such 
methods are considered desirable. 

124. That a Half-way House bo established 
through existing agencies in large centres of population 
to case the critical period between discharge and the 
finding of employment. 



-453- 

125. That the Department of Reform Institution 
give every encouragement to municipalities and organiza- 
tions in order to promote successful after-care. 

FIRST OFFENDERS 

126. That pre-sentence reports be prepared for 
the guidance of courts in sentencing all first offenders. 

127. That incarceration of first offenders be 
discouraged except where there are exceptional circum- 
stances. 

128. That probation be given first considerati 
in the sentencing of all first offenders. 

RECIDIVISTS AND HABITUAL, CRIMINALS 

129. That sentences of confirmed recidivists 
be long enough to bring real benefit to society; and 
that Burwash Provincial Prison be set aside exclusively 
for non-reformable recidivists. 

130. That persons who have served a previous 
sentence in a penitentiary, or three or more sentences 
in a reformatory, should not be re-admitted to a refor- 
matory. 

131. That confirmed derelicts be given longer 

indefinite sentences, segregated completely from other 
inmates, and provided with an extensive work programme 
in keeping with their capabilities. 

132. That criminal psychopaths be segregated 
completely from other inmates and be given hard labour. 

133. That scientific studies of the causes and 



-im- 
possible cure of criminal psychopathy be carried out in 
regard to psychopaths while they are in custody. 

JUVENILES AND ADOLESCENTS 

134. That overcrowding and other hinderances 
to the efficient operation of Juvenile Courts be 
alleviated in order to ensure thorough consideration 

of all cases. 

135. That Adolescent Courts be established to 
deal with cases involving persons between the ages of 16 
and 16 so that adolescents would be accorded the special 
consideration and treatment that are in the best interest 
of society. 

136. That legislation in regard to husbands 
who desert their wives be so amended as to afford 
maximum protection to the families involved. 

137. That the Ontario Board of Motion Picture 
Censors maintain more stringent control over movies which 
would be likely to have a detrimental effect on children. 

13$. That the Department of Reform Institutions 
stop forthwith the practice of issuing tobacco to 
juveniles in Ontario Training Schools. 

139. That a careful survey be made of costs 
at the Ontario Training Schools, with particular regard 
to disparities among the three schools, and that 



-455- 



adjustments be made where necessary to place them on an 
equitable and reasonable basis. 

140. That juveniles be released from the 
Training Schools at the optimum time for reformation, 
even if that time is adjudged for individual cases to 
be much shorter than the 10 to 12 month period which 
now is the average, and that release and placement be 
decided upon by the re-constituted Ontario Board of Parole 

141. That consideration be given to making 
parents responsible for acts of vandalism by their 
children. 

142. That an Industrial School be established 
to receive and train convicted adolescents between the 
ages of 16 and IB, and those juveniles presently housed 
at the Ontario Training School, Guelph. 



APPENDIX A 



RATIOS OF COMMITMENTS AND SENTENCES PER THOUSAND OF POPULATION 
IN ONTARIO FOR FISCAL YEARS ENDING 1913-1952 

(In 1935 fiscal year was changed to 
March 31 instead of September 30.) 



















Sent. 


Year 


Pop. of 


No. of 


No. of 


Ratio 


to Pop. 


Peak and 


end's 


Prov. 


Com. 


Sent. 


Com. 


Sent . 


Low Years 


1913 


2,767,000 


19,250 


11,897 


6.9 


4.3 


- 


1914 


2 


,770,000 


22,777 


14 


,801 


8.2 


5.3 


5.3 


1915 


2 


,788,000 


20,337 


12 


,663 


7.3 


4.5 


- 


1916 


2 


,728,000 


16,100 


9 


,364 


5.9 


3.4 


- 


1917 


2 


,750,000 


12,445 


7 


,867 


4.5 


2.9 


- 


1918 


2 


,769,000 


13,242 


7 


,874 


4.8 


2.8 


- 


1919 


2 


, 821, 000 


13,096 


7 


,904 


4.6 


2.8 


- 


1920 


2 


,849,000 


14,756 


8 


,643 


5.2 


3.0 


- 


1921 


2 


,934,000 


16,800 


9 


,790 


5.7 


3.3 


- 


1922 


3 


,101,000 


14, 800 


9 


,312 


4,8 


3.0 


- 


1923 


3 


,035,000 


13,995 


8 


,036 


4.6 


2.6 


2.6 


1924 


3 


,075,000 


15,879 


8 


,834 


5.1 


2.9 


- 


1925 


3 


,115,000 


18,023 


11 


,306 


5.8 


3.6 


- 


1926 


3 


,151,000 


18,033 


11 


,371 


5.7 


3.6 


- 


1927 


3 


,176,000 


20,578 


13 


927 


6.5 


4.4 


- 


1928 


3 


241,000 


23,786 


16' 


,358 


7.3 


5.0 


- 


1929 


3 


,285,000 


25,980 


17 


,626 


7.9 


5.4 


- 


1930 


3 


,366,000 


29,126 


21 


,421 


8.7 


6.4 


6.4 


1931 


3 


432,000 


26,358 


18 


,127 


7.7 


5.3 


- 


1932 


3 


479,000 


25,235 


15 


804 


7.3 


4.5 


- 


1933 


3 


,510,000 


22,484 


14 


,538 


6.4 


4.1 


- 


193 4 


3. 


,540,000 


20,916 


13 


509 


5.9 


3.8 


3.8 


1935 




Fiscal 


year ch 


an gee 


1 to 


March 31 


• 




1936 


3 


,690,000 


24,053 


16 


,356 


6.5 


4.4 


- 


1937 


3. 


711,000 


27,592 


20' 


,618 


7.4 


5.6 


- 


1938 


3 


731,000 


30,345 


23 


649 


8.1 


6.3 


- 


1939 


3 


,750,000 


34,914 


27. 


926 


9.3 


7.4 


7.4 


1940 


3 


,755,000 


33,075 


26' 


543 


^.S 


7.1 


- 


1941 


3 


,757,000 


30,875 


25' 


627 


8.2 


6.8 


- 


1942 


3 


760,000 


27,225 


19 


,652 


7.2 


5.2 


- 


1943 


3 


790,000 


25,411 


18 ; 


551 


6.7 


4.9 


4.9 


1944 


3, 


800,000 


25,975 


19 


159 


6.8 


5.0 


- 


1945 


3, 


,815,000 


26,299 


19 s 


132 


6.9 


5.0 


- 


1946 


4, 


101,000 


29,409 


21, 


614 


7.2 


5.3 


- 


1947 


4 


,189,000 


32,541 


25, 


355 


7.8 


6.1 


- 


1948 


4 


,297,000 


36,598 


30 


613 


8.5 


7.1 


- 


1949 


*h 


411,000 


39,429 


33, 


627 


8.9 


7.6 


- 


1950 


4 


512,000 


43,622 


37, 


607 


9.7 


8.3 


- 


1951 


*h 


597,000 


46,858 


40 


743 


10.2 


8.9 


8.9 


1952 


^ 3 


766,000 


46,143 


40^ 


486 


9.7 


8.5 


- 



E&OE 



-■ 
■ 



APPENDIX B 

COSTS OF INCARCERATION IN ONTARIO* 
(Year ending March 31, 1953) 

TABLE I-a 

GRAND TOTAL COST (Gross) 

(of incarcerating prisoners in Ontario Institutions) 

Department of Reform Institutions $7, 329,172.00 

Department of the Attorney-General 

(District Jails) 492,450.00 

City and County Jails (37) 1 T 560. 000.00 

Gross total cost - $9,831,622.00 

Annual average cost per inmate 1,997.09 

Daily average cost per inmate 5.47 

1* T* T* 

TABLE I-b 

GRAND TOTAL COST (Net) 

Gross $9,831,622.00 

Deduct: 

Revenue Credits 2,978,745.15 

Net total cost - $6,902,876.85 

Annual average net cost per inmate 1,395.10 

Daily average net cost per inmate 3.82 

* * * 
*Note: 

All calculations in Appendix B are based on 
the average daily populations of 4948 for 1952-53, 
as follov/s: Reformatories and industrial farms, 2 J 73;5 7, 



APPENDIX B continued 

TABLE Il-a 

GROSS REAL COSTS - ADULT PROVINCIAL REFORMATORIES 

AND INDUSTRIAL FARMS. 

How Derived: 

Dept. of Reform Institutions $7, 329,172.00 

Less: Main Office 959,980.74 

Parole Board 51,485.22 

O.T.S. costs 360,193.64 

*** Operating costs of Institutions 15,937,512.40 

*** Parole Board 51,485.22 

Administration: 

*** Taken at 70 per cent total M.O. costs 
after deductions listed below: 

Total Main Office $959,980.74 
Less : 

Grants to pte. t.s. 162,12 5.10 

O.T.S. teaching 1,573.31 
Grants - John Howard 

Eliz. Fry 11,000.00 

Salv. Army 15.000.00 

Net Main Office costs $770,231.83 

Seventy Per cent Main Office costs 539,197.29 

Gross Total Cost - $ 6.523.194.91 

Annual Average Gross Cost per inmate $ 2,312,08 

Daily Average Gross cost per inmate $ 6.33 

TABLE Il-b 

N ET REAL COSTS - ADULT PROVINCIAL REFORMATORIES 

AND INDUSTRIAL FARMS. 

Gross Total Cost $6,528,194.91 

Total Credits 2 f 760 T 002.70 

Net Real Costs - $ 3.768.192.21 

Annual average net cost per inmate $ 1,376.7^ 

Pa-ily averse cost ner inmat° $ 3.77 



APFEMD1X B continued 



TABLE Ill-a 



Ontario Training Schools (These three tables exclude by 

(necessity the incalculable share 
(of overhead Main Office expenses 
(they might normally be charged 
(with. 

Gross Costs of Operations: 

Bowman vi lie ;#3 26, 300.30 

Cobourg 299,916.5^ 

Gait 253.476.26 

& 330. 193.64 

Annual average gross cost per inmate $ 1,533.03 

Daily average gross cost per inmate 4.34 

TABLE Ill-b 

Net Costs of Operations to Taxpayers: 

Gross Costs $330,193.64 
Credits: 

Bowmanville $> 96,335.63 

Cobourg 79,113.12 

Gait 43.233.70 

Total Credits 213,742.45 

Maintenance 
Recoveries - 171,330.10 

(That portion allowed 
(which is regained from the 
(taxpayer through the munici- 
pality and is in turn regained 
(only in small part from the 
( pare nt s . ) 

Net Credits 47,362.35 

Net Costs of Operations to Taxpayers -1 332.331.29 

Net Average annual cost to Taxpayer 

per inmate $> 1,497.39 

Net Average daily cost to taxpayer 

per inmate 4.10 

* * * 



APPENDIX B continued 
TABLE III-c 

Ontario Training Schools , continued 

Net Provincial Costs of Operation: 

Gross Costs $880,193.64 

Gross Credits - 218. 742.45 

Net Provincial Costs of Operation $ 661.451*19 

Average annual net provincial cost 

per inmate $> 1,189.66 

Average daily net provincial cost 

per inmate 3.23 

* * * 



E&OE 



APPENDIX B continued 
TABLE IV 



COSTS OF OPERATING ONTARIO, CITY, COUNTY & DISTRICT JAILS 



(These costs are necessarily net costs, as in the case 
of Ontario training schools as well, administration costs 
are incurred but incalculable. Administration, inspection 
and so forth for jails is split in overhead costs by- 
Departments of Reform Institutions and Attorney-General.) 

City and County Jails $1,560,000.00 

District Jails 492,450.00 
(This figure is a calculation 
based on 1952 costs with an 
added increase of 5%, which 
was generally experienced by 
Dept. Reform Institutions 
over same period.) 

Total Jail Costs $2.052,450.00 

Annual average cost per inmate $ 1,240.03 

Daily average cost per inmate 3 .39 



* * * 



E&OE 






. 



APPENDIX C 



Statement by Department of Reform 
Institutions showing Operating Costs of Institutions 
Based on Goods and Items Actually Used, 1952-1953, to 
be inserted. 



APPENDIX D 



DEPARTMENT OF REFORM INSTITUTIONS 



Number of Guards who left the Service each year 
from April 1, 1946, to March 31, 1953, 
and the average length of time 
they remained with the Department 



Institutions 


1946/47 


1947/43 


1948/49 


1949/50 


1950/51 


Ontario Reformatory 












" Guelph 


51 


84 


51 


61 


92 


" Mimico 


15 


34 


33 


45 


36 


" Brampton 


nil 


16 


12 


7 


6 


Industrial Farm, 












M Bur wash 


88 


148 


132 


76 


43 


" Monte ith 


- 


9 


10 


7 


20 


" Neys 


- 


2 


3 


10 


11 


" Rideau 


- 


2 


10 


4 


4 


11 Burtch 


— 


— 


5 


10 


... 23. 



Total 154 295 261 220 237 



E&OE 



APPENDIX D Continued 



DEPARTMENT OF REFORM INSTITUTIONS 



Number of Guards who left the Service each year 
from April 1, 1946, to March 31, 1953, 
and the average length of time 
they remained with the Department 









Total No. 


Average tifie 








leaving 


each remained 


Institutions 


1951/52 


1952/53 


Department 


with Depti 


Ontario Reformatory, 










" Guelph 


7B 


107 


524 


12 3/4 months 


" Mimico 


53 


23 


244 


££ " 


" Brampton 


11 


22 


76 


13 " 



Industrial Farm 
" Burwash 
" Monteith 
" Neys 
" Rideau 
" Burtch 

lotal 



52 


42 


581 


9i 


1! 


17 


9 


72 


ioi 


tt 


10 


closed 


41 


9 


!! 


2 


4 


26 


13 


tt 


12 


13 


6? 


10 


tt 


2U0 


220 


1,627 


lOi 


tt 



IkOE 



APPENDIX E 

Prisoners from Outside Points 
Discharged from Sudbury District Jail, 
January - June, 1953 
(with no special provision for return home.) 



Point of Arrest 



No. 


1 


Manitoulin Island 


No. 


2 


Chapleau 


No. 


3 


Chapleau 


No. 


4 


Little Current 


No. 


5 


Chapleau 


No. 


6 


Manitoulin Island Rese 


No. 


7 


tf M tt 


No. 


6 


tt tt tt 


No. 


9 


tf tt 


No. 


10 


Espanola 


No. 


11 


Hornepayne 


No. 


12 


Espanola 


No. 


13 


Manitoulin Island 


No. 


14 


Sultan 


No. 


15 


Little Current 


No. 


16 


Manitoulin Reserve 


No. 


17 


Manitoulin Reserve 


No. 


IS 


Little Current 


No. 


19 


Manitoulin Island 


No. 


20 


Hornepayne 


No. 


21 


White River 


No. 


22 


White River 


No. 


23 


Manitoulin Island 


No. 


24 


tt tt 


No. 


25 


Chapleau 


No. 


26 


tt 


No. 


27 


tt 


No. 


28 


tt 


No. 


29 


tt 


No. 


30 


Car tier 


No. 


31 


Chapleau 


No. 


32 


Foleyet 


No. 


33 


Hornepayne 


No. 


34 


Chapleau 


No. 


35 


Chapleau 


No. 


36 


Chapleau 



Mileage 


Cash on 


to 


Disch'.ge 


130 


$ 7.39 


150 


26.53 


150 


5.4^ 


90 


3.41 


150 


9. 34 


130 


.55 


130 


5.15 


130 


4.51 


130 


NIL 


47 


3.00 


325 


104.16 


47 


NIL 


130 


.85 


300 


.05 


90 


9.07 


130 


5.29 


130 


.36 


90 


11.87 


130 


5.30 


325 


82.08 


300 


NIL 


300 


NIL 


130 


34.94 


130 


NIL 


150 


1.08 


150 


2.82 


150 


NIL 


150 


.07 


150 


.42 


50 


13.55 


150 


NIL 


100 


.02 


325 


14.85 


150 


.15 


150 


6.17 


150 


NIL 


100 


.39 



DATE DUE 


- ^FP 


- 6 2005 






3tr 



























































































































■m 

:□ 

fa 



:«0